David Maraga should avoid Executive overtures

Donned in red robes and a white wig, Kenya’s incoming Chief Justice (CJ) David Maraga cut the picture of a strict man; a firm adherer to the rule of the Book.

During his past two interviews for Chief Justice, Maraga left no doubt where his faith lies.

In 2012, he dramatically rose from his seat – like one bitten by a safari ant – took the Holy Bible and swore he had never tasted corruption money.

Just recently, he announced that not even a presidential election petition – that thing which many Kenyans consider a matter of life and death – would prevent him from attending church on Saturday, being a Seventh Day Adventist.

And by oath of that Holy Scripture that he so treasures, the now former Court-of-appeal judge was sworn in as the country’s next Chief Justice under the 2010 constitution.

But there was more to Maraga’s Wednesday swearing in, the robes and wigs, than met the eye.

For starters, it highlighted the ideological difference between Maraga and his predecessor, Dr Willy Mutunga, who by phasing out the robes and wigs among judges – save for those of the court of appeal – attempted to demystify the Judiciary. But, it was President Uhuru Kenyatta, who unknowingly let the cat out of the bag regarding his Government’s expectations on the ideological compass of the Judiciary under Maraga.

“We have round-table sessions very often. But your predecessor was not a frequent attendee, I hope it will be different under your tenure,” President Kenyatta told Maraga after his searing in.

The Judiciary must remain the country’s last line of defence not only for ordinary Kenyans, but also for sanctity on the application of law, sober formulation and implementation of Government policy.

Although Mutunga was an unpopular face in political circles, particularly within the ruling administration’s kitchen cabinet, the fruits of his defiance to the system and conscientious decision to keep off the said round-table talks are clear for all to see, particularly in the growing independence of the courts.

Although diplomacy and constant consultations between leaders across the three arms of government are key facets toward formulation of realistic and people-oriented policies, the Executive and the Legislature have for a long time shown disregard for the interests of the common mwananchi. In April for instance, a majority of Members of Parliament deliberately skipped a crucial vote in Parliament that would have resolved the gender parity issue in the House.

Some were spotted at the National Assembly Private Members Bar sipping refreshments as the speaker announced the flop of the bill in the chambers.

Others were reportedly hugging and cheering over the collapse of the bill, barely a few days after the Supreme Court gave an advisory that Parliament ought to have the gender parity framework by August of this year.

It took the intervention of the court to stop implementation of the draconian security law, which was openly meant to muzzle the media in crime, terrorism and security reporting despite the ordinary Kenyans’ need for information on these news beats.

The said law had been passed in a stormy session of Parliament where the honourable members not only fought physically, but also tore each other’s clothes. Some male MPs reportedly even undressed their female counterparts!

Rule of law cannot be enforced by a Judiciary with a propensity to pander to the politics of the Executive or the Legislature, thus Maraga must strive to toe the line of his predecessor who cast a red line between consultation with the other arms of Governments and the potential of the Judiciary to get swayed.

It is healthy for President Kenyatta to invite Maraga and other judicial officers to the said round-table talks, but these must only be aimed at improving efficiency in Government and expediency of justice.

Such sessions must not be used to intimidate judicial officers or sway their rulings and judgements to favour the Government of the day.

During the interviews, Maraga emerged as a man of great humility and strong moral values; he therefore is an integral asset to the country’s judicial system that is under siege from a systemic wave of corruption.

The hope of Kenyans is that Maraga will fight for the common mwananchi in strict adherence to the rule of law. Now back to the robes and the wig.

Although these outfits somewhat create a perception of power, these traits must not detach the common mwananchi from the justice chain or entrench a perception of inaccessibility of justice.