Chief Justice David Maraga on Monday made a thinly veiled response to Jubilee Party secretary-general Raphael Tuju who accused him last week of bias and making decision skewed to fever the Opposition.
In an expansive article published on The Star,the President of the Supreme Court stated that he is required to provide servant leadership and makes rulings based on the evidence he is provided with.
“From our recent past history, it is common knowledge that some of the disputes brought to our courts involve matters of great national importance; matters which, if not carefully and, in my view, prayerfully handled, can tip the balance of national security and plunge this country into chaos and total anarchy,” read Maraga’s publication in part.
He further noted that being a Chief Justice in Kenya is not a job for the faint-hearted,and whoever is courageous enough to take that mantle is obliged to stand by his decisions.
“..I want to posit that the leadership demanded of the Chief Justice of this country, and I suppose of many other countries, is not one by the faint-hearted. It must be a leadership that his or her country can identify with and have faith in. As such it cannot be a leadership that preaches water but drinks wine. ..”Maraga stated.
The CJ added that making irrational rulings would betray the trust Kenyans have in the Judiciary.
“For me it will not only be a travesty of justice but also a great betrayal of the trust the Kenyan people have bestowed upon me if I were to decide any case on considerations other than on the evidence presented before me and the applicable.”
Early last week,Mr Tuju accused the judiciary of bias and ‘almost burning the country’ in their series of decisions after the August 8th election.
In an emphatic letter addressed to CJ Maraga, Tuju complained of constantly facing frustrations from the Judiciary, particularly from him.
“We were in the middle of an election cycle and we decided to let things cool down and grant the Judiciary space despite the several cases of which were perceived as open bias,” the letter read in part.
The newly nominated CS without Portfolio further questioned the character of one Judge Odunga by claiming,i quote:
“It was recently revealed that Justice Odunga is related to Siaya Senator James Orengo yet the judge had presided over numerous cases where Orengo is retained as the advocate.”
Mr Tuju has since been condemned by the Lawyers’ fraternity for questioning the integrity of the Judiciary.
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