Attorney General Paul Kihara has responded to Chief Justice David Maraga following his outburst directed towards President Uhuru Kenyatta.
Addressing a press briefing in Nairobi on Tuesday, June 9, Kihara accused Maraga of crossing a line by taking his grievances to the public.
He further took an issue with Maraga's decision to comment on cases that the state is a part of noting that his commentary was likely to determine the outcome explaining that some of the cases were destined for the Supreme Court which he heads.
This is not only a serious breach of established norms of government, it is also a puzzling move given the direct line of communication that exists between the CJ and His Excellency the President.Chief Justice David Maraga during a press conference at the Supreme Court on November 4, 2019.
"Of particular concern is the fact that these native and highly charged attacks by the CJ have now taken a decisively personal slant. I will not join the raging public in discussing the overall template and stability of some of us called to serve," stated the AG
"The Honourable CJ is openly commenting on the merits and demerits of cases involving the executive which are still pending in the courts.
Kihara added that this not only creates a suction with the CJ seeking to influence the outcome of these cases but also raises questions as to why he is expressing extra-judicial opinions and matters that may end up in the supreme court.
He further pointed out that the executive would not be joining the CJ in addressing the issues publicly noting that it was open to a discussion with the Judiciary.
"We believe in the norms of governance and the long-established communication channels between arms of government. Government is according to public service and not grind standing and playing to the gallery for her status," he continued.
Addressing the issues of judges, Kihara maintained that Uhuru was hellbent in maintaining the respect of the Office of the President and would not appoint judges he termed as tainted.
"As our nation grapples with the negative effects of the Covid-19 pandemic, we invite the office of CJ Maraga to focus on reopening courts and eliminating the backlog of cases.
"The President will not abdicate his role as head of state and government to appoint persons with a questionable record to serve the nation in a solemn role of Judge," he remarked.President Uhuru Kenyatta signing a Bill into law at State House in Nairobi, October 13, 2017.PSCU
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