Dec 9, 2021

Mawazo Writing Africa

Writing about the main

Ahmednasir and Maraga in vicious court battle over Sh220million bribe claim

In response to a defamation lawsuit filed by Justice (rtd) Maraga for a Sh220 million bribe allegedly paid to a Supreme Court judge, the attorney says the retired CJ has sought favors in the past / p>

Mr. Abdullahi, a senior attorney, has not named the judge who received the bribe during Maraga’s tenure as CJ nor the case at the center of the bribe.

But he did reveal, What he says are details of his past dealings and engagements with the former CJ that call into question the lifestyle and source of wealth of the retired judge.

The attorney says when he first became chairman of the Law Society of Kenya (LSK) was elected in 2003. He traveled with other council members to Nakuru.

At that time, the “radical operation” of the judiciary was initiated by the then new administration of President Mwai Kibaki was introduced to weed out corrupt judges and judges at its peak.

Mr. Maraga was one of the senior lawyers in Nakuru at the time, welcoming Mr. Abdullahi’s team into town, Mr. Abdullahi said.

“After his (Maraga) strong publicity and constant lobbying, we added him to a list of 35 attorneys and were appointed Judge of the High Court in 2004,” says Mr Abdullahi in the 10-page affidavit.

And as the judges and judges vetting the board examined the suitability of the judicial officers, the attorney said Mr. Maraga called in the middle of the night to save his job.

Bribery allegations

“The plaintiff (Maraga) called me out of the blue in the middle of the night after he was examined crying loudly by the review committee of judges and judges. I remember the plaintiff (Maraga) literally shouting, ‘Please help me my brother, my career is over, I’ I’m done, please Nasir … ‘. The plaintiff then asked me to influence Commissioner Abdullahi, “he says in the court files.

At the time, the lawyer was a member of the Judicial Service Commission (JSC), the employer of the judiciary who represented the LSK.

Eight years later, the senior counsel claims, Judge Maraga sought his help to become a judge on the appellate court in 2012.

“When Maraga was applying for promotion to appeals judge, I got to know him in the company of my wife. He asked me to consider his application benevolently, “says Mr Abdullahi.

” After Maraga was appointed, he prepared lunch for me and another commissioner and served them (sic) a meal of chicken, ugali and sukuma at his home in Karen. “

The town attorney and retired Chief Justice are involved in a lawsuit brought by him when he was told about a social media post for allegedly bribing a judge of the Supreme Court.

The fight began after the attorney posted a tweet alleging a chief judge was bribed in exchange for a positive verdict of 220 million shredders.

Through TripleOKLaw Advocates, LLP, the former CJ said the tweet released by the Senior Counsel on January 12, 2021 is defamatory and scandalous.

“The said publication was both ruthless and vicious and has been made e designed and intends to inflict maximum damage on the plaintiff’s reputation ‚ÄĚread court files.

False allegations

Judge (rtd) Maraga says the tweet meant that, as CJ, h he tolerated Corruption in the judiciary and have withheld the name and identity of the said Supreme Court judge.

In his view, the lawyer meant that he was protecting and protecting corrupt judges in the judiciary.

The former president of the JSC describes the attorney’s allegations as false.

In addition, the attorney has not filed a complaint with the relevant authorities nor initiated proceedings to remove the Supreme Court judges, as the Constitution and the judge Require Judicial Service Act.

While calling himself a Seventh-day Adventist Church elder, Judge Maraga says the tweet was open to Mr. Abdullahi’s 1.1 million followers and that he was attracted 56 5 comments, 381 retweets and 2,500 likes from online users.

The position of church elder requires a person of high moral character and undeniable integrity, says Justice (rtd) Maraga, adding that he is in a Such a position is often called for preaching.

“Nevertheless, and for an apology and a clear public retraction, the accused declined and refused to withdraw the Twitter post or to make an appropriate apology,” he says. < / p>

But the attorney says the tweet is part of Kenya’s “well-documented and deep national commitment to the politics and principles that the fight against corruption must remain uninhabited in the judiciary and particularly at the Supreme Court.”

Unnamed judge

Urgent court to dismiss the case of Judge Maraga, the lawyer further explains that the ex-CJ was constitutionally obliged to bribe investigate allegations.

“The only reason the plaintiff did not investigate the matter is because, in my opinion, the plaintiff knew the judge who accepted the bribe,” he says, adding added that the tweet was innocent and harmless.

In contrast to his colleagues at Justice Maraga, the lawyer also says that he (Maraga) lives a lavish and expensive lifestyle “far beyond his financial means.” / p>

He says it is difficult to question how the judge, as a civil servant, managed to educate his children in top local and foreign schools.

“When the plaintiff was in public office, his salary was down and its remuneration open to the public; however, the same did not reflect his lifestyle. I am aware that the plaintiff has educated his children in colleges and universities in both Kenya and the UK, “says the attorney.

In the court records, Mr. Abdullahi alleges that the unnamed judge who did the Received a bribe, even an advance copy of the court judgment as a token of good faith that he should be trusted and will honor his bargain.

“So it later turned out that the judgment was a false judgment. The judge submitted two records of confession to one case to the Supreme Court as evidence of his good faith. The judge did not rule in favor of the party from which he took the Sh220 million and instead ruled in favor of another party, “claims the attorney.

The case is in the civil department of Milimani High Court and is being dealt with by Justice Said Juma Chitembwe. He will be mentioned on December 8, 2021.