Loved and hated in equal measure, depending on how his pronouncements affect the people involved, Chief Justice David Maraga is a man who pulls no punches.
His latest advisory to the President had members of the August House scrambling to Twitter to give their thoughts as Maraga’s statement spelled doom for their jobs.
On Monday, the CJ advised President Uhuru Kenyatta to dissolve Parliament for failing to enact legislation to implement the two-thirds gender rule.
Maraga said it was his constitutional duty to advise the President.
However, while some parliamentarians were not amused with Maraga’s advice, the CJ and President have had their own history of no love lost following previous verdicts by the Supreme Court chief.
From Uhuru’s ‘we shall revisit’ threats after the Supreme Court annulled the 2017 General Election, to the CJ saying the President had refused to meet him, the ugly disagreements between the Executive and Judiciary have played out in the public.
Maraga, who was born on January 12, 1951, will attain the mandatory retirement age for judges – 70 years – in January 2021.
In July, he dispelled speculation of him exiting office early, saying “I’m still here.”
And while still in office, he continues to ‘sting’ those on the wrong side of the law.
The CJ said on Monday that his move to call for Parliament’s dissolution was propelled by six petitions filed by Kenyans after it failed to enact the law.
In his advice, the CJ said that the time that the 10th Parliament had was not enough for it to pass the law.
The advice made National Assembly Speaker Justin Muturi shoot back, saying it was unrealistic to call for dissolution, adding that the August House was being used as a punching bag.
When all hell broke loose
Uhuru officially appointed Maraga as the President of the Supreme Court of Kenya on June 19, 2016, and he took the oath of office as the 14th Chief Justice of independent Kenya and the second Chief Justice in Kenya’s new constitutional dispensation.
However, the feud between the two started in 2017, when the Supreme Court invalidated the 2017 presidential elections, saying that it was marred by fraud.
It was Maraga who delivered the ruling backed by four of the six apex court judges. The four found that the elections were marred by irregularities and ordered the IEBC to hold a fresh presidential election within 60 days.
Uhuru, who had been declared the winner, expressed his discontent regarding the ruling, and vowed to ‘revisit’ the Judiciary after the repeat election.
Since then, the two have disagreed on various platforms, attracting divergent opinions from leaders and members of the public asking them to mend fences.
In 2019, Maraga vowed not to attend some state functions unless the government started treating him and the Judiciary with respect.
“Unless I am treated with the respect I deserve, I will choose state functions to attend,” he said.
“The CJ is not accorded the respect accorded to his office…CSs and PSs are cleared to enter in places before the Chief Justice.”
The CJ had also accused the president of refusing to meet him to discuss the stalled appointment of 41 judges proposed by the Judicial Service Commission.
Maraga said Uhuru’s refusal to swear in the judges had contributed to the backlog of cases currently being experienced in the Judiciary.
“You know I have respect for you as our President, you also know that I have unsuccessfully sought an appointment with you to sort out these issues but it has been futile leaving me with no option but to make this public,” he said.
Last year, the CJ, accompanied by several Judiciary employees, complained about budget cuts which were hurting the delivery of justice.
Early this year, it seemed that the war between the two was over when Maraga changed tune, saying that he cannot attempt to try and ridicule the president.
“He is not only the chief of the executive but the head of state. He is the unifying factor. And I recognise that Your Excellency,” he said.
“When I had a press conference last December, I raised a few issues that some of which have been misunderstood. I saw from social media that the arms of the government are at loggerheads. That’s not right and that is not correct,” Maraga said.
What next?
All eyes are now set on Uhuru.
The question on whether he will dissolve Parliament is a matter of wait and see.
The move has aroused emotive questions from legislators, some saying the President should heed to Maraga’s advice and dissolve the Parliament immediately.
Elgeyo Marakwet Senator Kipchumba Murkomen said, ” We should seize this moment, dissolve Parliament and hold Mini- General (Parliamentary) elections. The New MPs will serve for 5 years. In 2022 we only have Presidential and County(Governors and MCAs) elections.”
On the other hand, some say that the CJ acted prematurely.
Makueni Senator Mutula Kilonzo Jnr said, “The message by CJ for dissolution is premature. Article 216(6) requires an order to be issued, before the clause(7) is invoked .”