Written by on 11 June 2021

Just few days after the head of state receive a missile from retired CJ Willy Mutunga. He has again received another blow from the recent retired CJ David Maraga where on Wednesday when he spoke with KTN News he noted that Kenyatta leaving out the 6 judges was unconstitutional and he trying to kill the independence of the Judiciary as well as sinking the country.
During the talk, he made it clear that the president has no authority on selecting the judges proposed by the JSC and his role is only ceremonial.
The former CJ also said the president can not purport to adjudicating cases for the powers are only on the Judiciary. For when its comes to the appointment of judges, he is only ceremonials the black letter of law states. Where he ended saying that the parliament should take a serious action and impeach the present for gross violation of the constitution.
“This is their duty as members of parliament for if president goes or violates the law, they should take action and remove him, that is the only way you can have order if this act continues. We are descending into a “banana republic.” This continuous disobedience on court orders will grind the nation if the law is enforced, people will respect the law.” Said Maraga
Its clearly stated in the constitution on article 166(1b) that the president “shall appoint all the judges in accordance with the recommendations of the Judicial Service Commission .”His Excellency Uhuru , while he was witnessing the swearing in of the 34 judges at the state house , he stated his decision of not appointing the other six was based on intelligence reports brought to his desk.
“Just like the other judges, I also took an oath .Its not right to me to turn a blind eye to reports from our state organs , as long as i serve as president .I will choose right over the convenience choose the hard over the easy .Am not doing this for myself but for the people of Kenya and for its future benefits.,” said Uhuru.
Maraga went a head to question his criteria,What if the Judiciary would exercise the same ceremonial law during the swearing in of his appointees like the Attorney General ,Inspector General and other state officers .He however termed this as an alter and violation of law when his excellency incline to ‘intelligence reports’ as opposed to JSC who vetted in the judges .Its simply clear from the constitution for it has not given the intelligence power to appoint the judges ,prefers the intelligence has opposed the JSC “intelligence views have their areas to bring in their views ,”said former CJ Maraga.
He added by saying he had no reason to doubt that Justice Odunga and Ngugi are taking the axe from the BBI for its common knowledge that proponents are not happy with the judgment made and did not expect them to smile or celebrate the two and they will now have to face their reputation and careers ruined .He also echoed former CJ Mutunga’s statement on condemning His Excellency move and urging others Kenyans to be brave to condemn this self-centered exerciser by the executive which hesitate would lead the country into sinking .
” I will remember President Uhuru Kenyatta as one who never had regards for the law ,as he violated his mandate of selective appointment of judges nominated by Judicial Service Commission (JSC),” said former CJ David Maraga

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