Ex-Judge Reveals Moi Era Secrets

  • Retired Court of Appeal judge, Justice Samuel Onderi Elkana Bosire
    Retired Court of Appeal judge, Justice Samuel Onderi Elkana Bosire
  • Retired Court of Appeal Judge Samuel Onderi Elkana Bosire lifted the lid on intimidation tactics employed by Kenya's second President Daniel Arap Moi's government to undermine the independence of the judiciary. 

    The retired revealed that the Provincial Commissioners intimidated and harassed judges to disregard the rule of law - purporting to do so under orders of President. 

    The Moi regime has been known to have undermined the independence of the judiciary and co-opted it to become an arm of the executive. 

    However, it is the first time that the admission is coming from someone who served as a high-ranking judicial officer for twenty out of the twenty fours years Moi ruled the country. 

    Bosire was speaking at a function presided over by outgoing Chief Justice  David Maraga on Monday. The Chief Justice will go on terminal leave tomorrow (Friday 11) ahead of his official January 2020. 

    CJ Maraga sighns the visitors book in Kabarak.
    CJ Maraga sighns the visitors book in Kabarak.

    He drew attention to an incident in Mombasa where he was serving as a presiding judge. A provincial commissioner called and ordered him to make a judgment in favor of the government, a directive he bluntly declined.

    “The commissioner said the instructions had come from the Head of State. I told the PC to go to hell because as judges, we don’t work the way he had assumed,” Bosire said.

    “The commissioner immediately reported me to my boss; then Chief Justice Cecil Miller Snr who also questioned why I was going against the presidential directive,” Bosire counseled judges to be bold and independent. 

    Bosire left the Judiciary following the 2012 purge by the Sharad Rao-led commission.

    Accused of corruption, the complaints cited the manner in which he handled the Goldenberg Commission of Inquiry in 2004 and the alleged condoning of abuses of court-martial subjects in 1983


    Sharad Rao
    Sharad Rao
    harass abuse corruption