Maraga’s nam­ing is a Ju­bilee po­lit­i­cal scheme, says lobby

It is a plan to in­ter­fere with the in­de­pen­dence of the ju­di­ciary, tame the op­po­si­tion and serve in­ter­ests in suc­ces­sion politics in 2017 and 2022, Ndung’u Wainaina says

The Star (Kenya) - - Politics - BENJAMIN IMENDE @Akhasakhulu

The ex­ec­u­tive is schem­ing to in­flu­ence the ju­di­ciary by hav­ing judge David Maraga ap­pointed Chief Jus­tice, a civil so­ci­ety group has said.

The In­ter­na­tional Cen­tre for Pol­icy and Con­flict says the ex­ec­u­tive is schem­ing to in­ter­fere with the in­de­pen­dence of the ju­di­ciary.

In a state­ment, ICPC ex­ec­u­tive di­rec­tor Ndung’u Wainaina also al­leged that the nom­i­na­tion is meant to tame the op­po­si­tion and civil so­ci­ety groups, while de­fend­ing the ex­ec­u­tive’s in­ter­ests in suc­ces­sion politics in 2017 and 2022.

“It is com­mon knowl­edge that two mem­bers in the JSC served both URP and TNA and now they are sit­ting on a team to ap­point­ment a per­son who will rule on the 2017 and 2022 elec­tion pe­ti­tions,” he said.

Wainaina added that most of the other team served the in­ter­ests of the state at the ex­pense of Kenyans.

He said the few left in the team could not op­er­ate in­de­pen­dently since the ex­ec­u­tive ap­pointees are crowded at the com­mis­sion.

“When you have per­sons from one [eth­nic com­mu­nity] head­ing all se­cu­rity arms of the gov­ern­ment then it is clear that you are up to some­thing not good for Kenyans. This team is loyal to you and not ready to serve the in­ter­ests of Kenyans, but the mas­ter some- where,” Wainaina said.

The con­sti­tu­tional ex­pert said Par­lia­ment is al­ready gagged through Speaker Justin Mu­turi, who was loyal to Pres­i­dent Uhuru Keny­atta, to make un­con­sti­tu­tional and un­fair rul­ings in the Na­tional Assem­bly.

“Af­ter JSC was com­pro­mised it was a clear in­di­ca­tion that the process of re­cruit­ing the Chief Jus­tice and Pres­i­dent of the Supreme Court of Kenya does not meet stan­dards. The next will now be the county gov­ern­ment through in­tim­i­da­tion and change of the laws,” Wainaina said.

On Thurs­day last week, the JSC nom­i­nated Maraga for Chief Jus­tice.

Pres­i­dent Uhuru Keny­atta is await­ing of­fi­cial no­ti­fi­ca­tion of that ap­point­ment and will do what needs to be done within the time frame set by the law, State House spokesman Manoah Esip­isu said.

Af­ter the Pres­i­dent re­ceives the name, he should for­ward it to Par­lia­ment for de­bate. Leg­is­la­tors can ap­prove it and re­turn it to the Pres­i­dent for ap­point­ment. If Par­lia­ment re­jects it, the JSC has to se­lect a new name to for­ward to the Pres­i­dent.

This morn­ing, the JSC starts in­ter­views for the va­cant post of Deputy CJ. Six­teen can­di­dates have been lined up for the in­ter­views, with jus­tice Abida Ali Aroni ap­pear­ing in the morn­ing fol­lowed by Court of Ap­peal judge Agnes Mur­gor.

Un­like the in­ter­views for the post of CJ, the com­mis­sion will in­ter­view two can­di­dates for DCJ ev­ery day.

/JACK OWUOR

Jus­tice David Maraga takes a seat for his in­ter­view for the po­si­tion of Chief Jus­tice on Au­gust 31. The in­ter­views were con­ducted at the Supreme Court by the Ju­di­cial Ser­vice Com­mis­sion

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