Justice Maraga, who resigned from office in January this year, said parliament should have taken steps to remove the president for violating the constitution by failing to appoint the 41 judges nominated two years ago .
He announced that prior to leaving office, he was presented with the list of nominees President Kenyatta refused to appoint because they were allegedly corrupt.
Justice However, Maraga said he was surprised last week because the names of the six judges that the President omitted are different from those that were rejected at the time.
“The names have changed, and so do they are different. Some names have been added and others have been removed. Issues have been appointed and others removed from the list. If it was an honest claim, why move or change the list? ” Judge Maraga surrendered.
Supreme Court Justices, Joel Ngugi, George Odunga, Aggrey Muchelule, and Weldon Korir were recommended for promotion to the Court of Appeal, but the President declined their appointment.
Judges Ngugi and Odunga sat in the five-person high court bench that ruled that constitutional reforms of the President’s Building Bridges Initiative were illegal.
The other two are a judge and an assistant registrar who will serve as judge should be promoted in the High Court.
Yesterday Judge Maraga noted that Judges Ngugi and Odunga may have made their way onto the denial list based on their decision in the BBI case.
“It is common knowledge that the BBI’s proponents are not happy. Their rejection (by Ngugi and Odunga) could be due to that judgment,” he noted.
The retired CJ said when he was there in office n Executive proposals to swear in some of the 40 judges and abandon those who were allegedly defiled. He said he refused because he did not receive details of the negative reports gathered against the candidates that were not wanted.
“If I had allowed this, I would have violated the Constitution and the President the Freedom given against the Constitution and has set a bad precedent. He would have had a free hand in the choice, “he said.
He said that by rejecting the six judges, the president had her career and family life Justice Maraga spoke a day after his predecessor Willy Mutunga also attacked the president for failing to appoint six judges recommended by the Judicial Service Commission (JSC), instead of 34 judicial officers sworn in. One has since died.
Justice Maraga stated that the impeachment of the president is the only way to bring order to the country.
“If this type of act (violation of the Constitution), we descend into a banana republic, “said Judge Maraga in an interview with a local television station.
Yesterday the Supreme Court ordered President Kenyatta to file a complaint to respond to a petition by a lobby group, the Katiba Institute, contesting the selective appointment of judges.
The three-judge bank led by Judge James Wakiaga called on President Kenyatta’s attorney, Mr. Waweru Gatonye, responded within 10 days of complaints from the lobby group that the president was using delaying tactics.
The court heard that President Kenyatta’s attorney had been speaking since the petition was filed last June a strategic M Mechanism to delay the hearing and decision of the case by filing various motions and failing to submit the substantive response to the petition.
Through attorney Dudley Ochiel, the NGO said so far, the presidential attorney must provide the answer not filing three times despite the court’s order.
The Supreme Court issued the instructions after the Katiba Institute denied its motion to prevent the CJ and JSC from referring the 34 judges, dated last week Presidents have been appointed to assign duties.
Chief Justice Martha Koome and the JSC had already filed their grounds for objection to the motion.
Justice Maraga poured cold water on President Kenyatta’s BBI dispute, Although the March 2018 truce between the president and his main challenger in the controversial The 2017 presidential election, Mr Raila Odinga, was good, it was not opposed Election fraud committed.
The former CJ said the deal popularly known as a “handshake” killed the opposition and gave the president “the audacity to do” he will ‘.