“While the Judiciary does not know the people behind these attacks, it is clear that the banners are a continuation of well-choreographed attacks on the Judiciary throughout this week.It is not the first time and we request police to investigate and bring the culprits to book,” read the statement.
On Monday, Justice Maraga opened the war of words with the Executive, by accusing President Uhuru Kenyatta of being out of order for disobeying two court orders to appoint 41 judges and for failing to reign in his Executive who continue to violate the rights of thousands of people.
The president, in a rejoinder through Attorney General Kihara Kariuki, accused the CJ of seeking public sympathy to hide his failures and mismanagement of the Judiciary, and retorted that the president will not concede to pressure from the CJ to swear-in judges with questionable integrity.
Online warriors
When the Law Society of Kenya (LSK) president Nelson Havi waded into the dispute, siding with the CJ, he came under heavy artillery fire from Executive supporters, apologists and online warriors.
Yesterday, the Nairobi Branch of the LSK came out to defend the Judiciary and the Chief Justice against attacks from the Executive, stating that lawyers will not lie low and watch the war aimed at interfering with judicial independence.
The LSK branch chairman Eric Theuri said the turn of events is signalling a dangerous return to an imperial presidency and accused the AG of misadvising the president.
“We are of the firm conviction that Kihara as the AG has demonstrated the highest dereliction of duty and he is no longer a servant of the constitution and the people, but rather a glorified altar boy at the temple of executive impunity,” said Theuri.
The public spat between the CJ and the AG witnessed in the week also signaled a simmering division within the Judicial Service Commission (JSC) where both are members and collectively make critical decisions in running the Judiciary.
The disunity in JSC was also witnessed on Monday when Maraga appeared alone on the steps of Supreme Court building to attack the president.
Ordinarily, the CJ would have been flanked by members of the JSC when issuing such a strong statement against the president as has been in previous occasions when the commission had to defend itself against the executive.
This would not only send the right signal that it was a collective Judiciary statement and the CJ was a mere bearer of the stinging remarks. But being alone was not enough; AG Kariuki who sits with Maraga in the JSC came out to defend the president leading to counter-accusations between the two.
According to the LSK Nairobi branch chairman, there should be collective responsibility within the JSC but what is being witnessed is conflict of interest, and that the role of AG at the commission should be re-examined.
“The public spat has put the JSC in a conundrum as it appears they are not speaking in one voice. It is like there are divisions within the commission which can only be viewed as ulterior motive to weaken the Judiciary,” said Theuri.
Independent minded
Yesterday, LSK made good their threat to expel Kariuki and Solicitor General Kennedy Ogeto from the society. In a notice signed by all council members, LSK said it will vote on the motion on July 23 at an ordinary general meeting to be convened virtually.
“It is just lawful and proper that Paul Kihara Kariuki and Kennedy Nyabuti Ogeto be expelled from membership of LSK as they have brought ridicule, shame, disrepute and dishonour to the office of an advocate and a member of LSK,” the notice, which also gives them seven days to tender their written defence, said.
Former LSK president Eric Mutua said it seems either Maraga or Kihara is being dishonest since they cannot disregard a collective decision taken by the JSC.
According to Mutua, there is a likelihood that the Executive has no information relating to the 41 judges’ integrity and that they only fear the individuals nominated are independent minded and cannot be swayed.
“The fight is not about the judges’ integrity but about having them at the Court of Appeal given that they are sober and independent minded. There is no way the Executive can have adverse information about the judges and fail to make it public,” said Mutua.
Mr Theuri added that the fight is about succession of Justice Maraga who is set to retire next year and that the Executive is just preparing ground to appoint someone they can arm-twist to head the judiciary.
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