Attorney-General Kihara Kariuki has clapped back at CJ David Maraga over his outburst on Monday as regards the conduct of the executive in matters law.
Maraga unleashed his displeasure after President Kenyatta’s failure to appoint and swear the proposed 41 judges who would help lessen the backlog of cases the judicial system has been grappling with for long now.
The CJ also added the President had failed to live up to his oath of governing the constitution and upholding the rule of law in the course of his reign. He backed this with evident scenarios where active court orders have been disregarded by the state, getting worried of the trend that is being set.
The address by Maraga has since raised eyebrows, the Law Society of Kenya deeming this the opportune time to oust President Kenyatta on grounds of failing to rule in tandem with the law and the provisions of the constitution.
President Kenyatta’s chief advisor is now out in his defense, calling out the CJ for not following the necessary litigation corridors instead resorting to press briefings.
The AG added the executive will not give in to the urge or pressure to engage the CJ publicly instead will follow the present and essential channels to resolve any row that may be gound to a rift between the two government arms; the Executive and the Judiciary.
The AG noted Maraga had become personal with the President and his assertions against the executive were pre-emptive and subject to prejudice given the issues that he raised are before court(s) of law.
“For the second time in less than a week, the Honourable Chief Justice has resorted to issuing a public statement casting aspersions on the legal propriety of certain actions by His Excellency the President and by the Executive arm of Government at large,” AG Kihara said.
“These public attacks which have not taken a decidedly personal slant are not only a breach of established norms of Government but are also the more puzzling given the direct lines of communication that exists between the Chief Justice and the President,” the AG stated.
Kihara also added the explosion by Maraga is aimed at shielding the Judiciary from eminent wrath over the arm’s perceived failure. He said the judicial system has suffered backlog of cases and the President himself had protested the ‘laxity’ by judges, Maraga’s protests thus being inconsequential.
“The Honourable Chief Justice’s statement is an attempt to gloss over the fact that the Judiciary has historically and especially under his leadership suffered case backlogs,” AG Kihara added.