Former Chief Justice David Maraga recalled how former President Uhuru Kenyatta's defiance led to his fallout with Members of Parliament in the 12th House.
Speaking on Tuesday, October 11, the emeritus CJ revisited the incident which happened in 2020, where he had instructed Uhuru to dissolve Parliament for failing to pass the two-thirds gender rule.
However, the President failed to act on his directive allowing the parliament to continue unconstitutionally. His defiance, according to Maraga, led to animosity between the Judiciary and the legislature.
"As a Chief Justice, I issued an advisory to former President Uhuru Kenyatta in 2020 to dissolve Parliament for its failure to enact legislation required to realise the two-thirds gender rule," Maraga recalled.
"I should say that I made too many enemies out of the 12th parliament. Although the matter is still pending in our courts, I consider this an important milestone in our country's pursuit of the ideals of equality and non-discrimination," he added.
Maraga made the sentiments during the launch of the book titled: Decentralisation and inclusion in Kenya: From pre-colonial times to the first decade of devolution at Kabarak University.
The former Chief Justice, however, insisted that the defiance did not halt his push for constitutional reforms. He argued that by safeguarding the 2010 Constitution, the country stands a chance to bridge tyranny and marginalisation.
He further visited the 2017 Presidential petition where Uhuru's win was annulled, maintaining that the ruling was guided by the rule of law.
"Even in my retirement, I continue to champion the ideals of our constitution, including democracy, devolution, equality and non-discrimination.
When determining the Presidential petition in 2017, I outlined that the greatness of a nation lies not in the might of its armies nor in the largeness of its economy. But the greatness of a nation lies in its fidelity to the constitution and astute adherence to the rule of law, and above all, the fear of God. This statement was true then and right now," Maraga stated.
He, however, hailed the country and its leadership for committing to honour the constitution.
His Friction With Executive
Maraga retired in January 2021 after serving as a Chief Justice for four years. His tenure was characterised by friction with the Executive.
The annulment of presidential results headlined his tenure as the President of the Supreme Court, where he agreed with former Prime Minister Raila Odinga that the poll was manipulated.
The verdict set him on a bumpy path with Uhuru, who accused the judges of being hypocrites.
In 2019, Maraga called out Uhuru for mistreating and disrespecting the judiciary after the Executive ordered slashing of the judiciary budget.
He however appeared to extend an olive branch to President William Ruto after gracing the swearing-in of six judges in September 2022.
