CJ: I’ve faced many challenges but I will retire a happy man

Chief Justice David Maraga (second right) joins in a dance alongside Kitutu Masaba MP Shadrack Mose (right) and Nyamira Woman Representative Jerusha Momanyi during the reopening of Manga Law Courts in Nyamira yesterday. [Stanley Ongwae, Standard].

Chief Justice David Maraga started his last week in office at his hometown of Nyamira where he reopened Manga Law Courts.

Mr Maraga said he was set to retire a happy man, even though he did not achieve everything he planned to do due to challenges that were beyond him. The challenges, he said, included under-funding of the Judiciary.

He said his tenure was difficult and asked Kenyans to pray for his successor, who he said, would be faced with a Herculean task in office.

“I am retiring a happy man and Friday will be my last day in office. But what I want you to do is start praying for whoever will be appointed CJ after me, because this work is a difficult one. In fact, you should start praying for my successor even now,” said Maraga.

The CJ hit out at MPs for failing to enact enabling legislations to ensure proper funding of the Judiciary.

He said the MPs did nothing to address the challenge of funding that had stalled development in the Judiciary.

“Someone says Maraga wants money, for what? For my personal use? No! We want to build courts for Kenyans. Is that a bad thing,” he posed, adding: “The MPs are always in my office asking me to open courts in their areas. I am telling you, if they passed between Sh5 billion and Sh10 billion for development of the Judiciary, then all areas would have courts, whose beneficiaries would be Kenyans.”

The CJ accused MPs of equating the Judiciary to a department of the national government, which, he said, led to under-funding, affecting their programmes.

“Look at the budget and give the Judiciary enough money to serve your people as is desirable,” Maraga told lawmakers.

And with just four days before he proceeds on terminal leave pending official retirement on January 12, next year, the CJ is likely to have an easy week with nothing much in his in-tray compared to his first week in office when he had to put in place the foundation that has guided his four-year tenure.

Justice Maraga admitted during his last state-of-the-Judiciary and administration of justice report that he had not achieved everything he wanted. He was faced with the reality that there was nothing much he could do within the next four days to achieve the vision set when he assumed office in 2016.

“It was a tough journey, but we survived. I know I may not have achieved everything I wanted to achieve when I became the Chief Justice, but we have laid a good foundation, as evidenced by our judgements,” he said.

Maraga has been commended as a conservative judge, who has strictly adhered to the law, leading to some landmark judgements at the Supreme Court. 

But with the current inactivity at the Supreme Court, where the next hearing before the judges is scheduled for February 2021, the CJ may not have another chance to make a decision alongside his colleagues at the apex court.

One thing the CJ is expected to do before exiting is constituting a bench to hear six petitions so far filed challenging the Building Bridges Initiative's push for a referendum through the Constitution of Kenya (Amendment) Bill 2020.

When the cases were mentioned before Justice Anthony Mrima, he notified the parties that the files were still with Justice Maraga.

“We are still waiting for the CJ to constitute a bench in accordance with his constitutional mandate. The matters are of great urgency and public interest given the BBI process is proceeding despite the questions we have raised. We expect the CJ to move with speed and appoint the bench,” said a lawyer involved in the case.

Although the CJ has repeatedly played down divisions in the Judicial Service Commission, he is expected to chair his last meeting with the commissioners before they bid him farewell and kick-start the process of appointing his successor.

With confusion still marring the hearing of several petitions challenging his advisory opinion to President Uhuru Kenyatta to dissolve Parliament, Maraga only has the four days to file his response in his capacity as the Chief Justice.

When the matter came up before a five-judge bench two weeks ago, Maraga said he was not able to file responses to the many applications after the National Assembly, Senate and Attorney General challenged his decision to delegate his powers to DCJ Philomena Mwilu to appoint the bench.

Bench appointed

Since the constitutionality of the bench appointed by the DCJ is set for hearing on December 17, Maraga has to ensure all his pleadings are filed within this week before he leaves office.

And when he leaves, DCJ Mwilu will act, until a substantive CJ is appointed.

The reopening of Manga Law Courts, founded in 1932, will boost the CJ’s legacy in his home county. The facility holds a strong cultural attachment to the Gusii community’s heritage in traditional judicial system.

Maraga, during the ceremony attended by retired Judge Samuel Bosire, also planted Omotembe, a monumental indigenous tree in Gusii. In the olden days, people were expected to swear oaths while holding the tree, before standing as witnesses during disputes.

Also present at the Nyamira event were Judiciary Chief Registrar Anne Amadi, Justice Asenath Ongeri, Nyamira Senator Okong’o Omogeni, Woman Representative Jerusha Momanyi, Kitutu Masaba MP Shadrack Mose, area MCA Enock Okero and Nyanza Law Society of Kenya boss Wilkins Ochoki.

Mr Okong’o asked President Uhuru Kenyatta to appoint the 41 judges who were approved by the Judicial Service Commission to end the impasse that has rocked the process and address backlog of cases.