Former Chief Justice David Maraga made a surprise appearance during the swearing-in ceremony of the six judges at State House Nairobi on Wednesday, September 14.
The event was witnessed by President William Ruto, who appointed the judges on Tuesday, September 13, after being sworn in.
The emeritus CJ was asked to join President Ruto, his deputy Rigathi Gachagua, Chief Justice Martha Koome, Deputy CJ Philomena Mwilu and the new judges during a photo session.
"Could I also request the Chief Justice emeritus to join in that picture?" the master of the ceremony, Korir Sing'oei called.
"We have challenges in the time taken to conclude corruption and commercial cases, I request the Judiciary to support our administration in ensuring that corruption, commercial and land cases are adjudicated and concluded in a timely manner," Ruto said.
He added, "I’m aware that there's need for us to support the Judiciary and in supporting the Judiciary we can't only dispense justice but also make justice less complicated and more accessible… It is important that we have an efficient, independent Judiciary."
The oath of office was administered by the Chief Registrar of the Judiciary Anne Amadi in an event that was also graced by members of the Judicial Service Commission - JSC.
Four judges including Aggrey Muchelule, Wednon Korir, Prof Joel Ngugi, and George Odunga were sworn in as court of appeal judges while Evans Makori Kiago and Judith Cheruiyot Omange Elizabeth took the oath of office as judges of the Environment and Land Court.
President Ruto reiterated his commitment to support the judiciary. "I’m looking forward to supporting and working with the Judiciary as we take Kenya to the next level. I want to assure you that my administration will respect the independence of the judiciary and the other institutions," he told the judicial officers present.
Kenya, he said, "can only be better if we become the country of the rule of law. Any other route leads to anarchy and confusion. I ask all of us as Kenyans we are all equal before the law and our constitution. Therefore there must never be the case of the animal farm, where there are people who are more equal than others."
Uhuru - Maraga Beef
The former President of the Supreme Court had a sweet and sour relationship with the former head of state's government. The relationship hit rock bottom when Maraga nullified the 2017 presidential results.
On September 2, the same year, Uhuru lamented about frustrations by the judiciary which issued injunctions to the government. He accused Maraga of trying to subvert the will of the people and promised to revisit after the election.
"Let us accept the ruling but Maraga, do not interfere. And do not think that because our friends shout and we keep quiet that we are scared of you. We are not,"
"I have always said, we have a problem with our judiciary, but we respect irrigardless, but we shall revisit. Maraga thinks he can overturn the will of the people, we shall show you in 60 days that the will of the people cannot be overturned by one or two people," the former President stated.
During the second term, the budgetary allocation for the judiciary was slashed. In addition, he refused to appoint judges recommended by the Judicial Service Commission (JSC) for promotion.
However, Maraga kept a brave face in holding the government accountable. In September 2020, he asked Uhuru to dissolve the parliament for failure to adhere to the two-thirds gender parity law.
"The petitions are based on the ground that, despite four Court orders compelling Parliament to enact the legislation required to implement the two-thirds gender rule in accordance with Article 27(3) read together with Articles 81(b) and 100 of the constitution, Parliament has blatantly failed, refused and/or neglected to do so.
"Your Excellency, "the two-thirds gender rule" is an acronym for the constitutional imperative which prohibits any form of discrimination in the appointive and elective positions in our country on the basis of one's gender," Maraga's letter read in part.
By the time the CJ emeritus left office, Uhuru had not dissolved the August House and MPs served until the 2022 General Election.
