Today during a press briefing chief justice David Maraga told the president to uphold the rule of law and appoint the 41 judges presented to him from the judiciary.
The chief justice told the Head of State that he should appoint the judges without any further delays, noting that the Judiciary is at a crisis over the shortage of judges.
“Your Excellency, you know I have respect for you as our President. You know I have sought to get an appointment to discuss these matters with you. It would be a dereliction of my duty if I don’t raise Wanjiku’s agonies,” said Maraga in justification of the press conference to plead with the President to uphold the rule of the law
The chief justice later told the President that he has no constitutional powers to second-guess the list of judges forwarded to him for appointment by the Judicial Service Commission (JSC).
“The court ruled that the President cannot decide to cherry-pick from the names of nominees. He has no residual judicial power to question or reject the names…The legal position is that the President is obliged by the two valid court orders to appoint the 41 judges…The President’s disregard of the court orders does not bode well,” said CJ Maraga.
The CJ also complained about a trend by the government to refuse to obey court orders and delaying payment of decrees.
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