Chief Justice David Maraga on Wednesday, July 1, addressed his anticipated exit from the Judiciary even as wrangles pitting the Executive against the Judiciary raged on.
Maraga chose to address the issue at a ceremony in Nairobi to mark the launch of an electronic filing system for cases.
The CJ noted that Law Society of Kenya (LSK) President Nelson Havi, in his speech at the same ceremony, talked about him as if he had already left.
Maraga explained that he was still hard at work to transform the Judiciary, disclosing that he expected to receive a letter informing him to proceed on terminal leave in November.
"I noticed when the president of LSK spoke, it was like he was bidding me goodbye, but I am still here.
"When a judge goes on retirement, he or she gets a letter to go on leave from the Chief Registrar of Judiciary and that I think will be in November," he stated.
CJ Maraga is expected to retire on January 12, 2021, after attaining the retirement age of 70 years old.
He was officially appointed by President Uhuru Kenyatta on October 19, 2016, becoming the country's second Chief Justice under the new Constitution after Willy Mutunga.
Maraga has, however, recently been at the centre of a battle with the Executive over slashed funding for the Judiciary and failure by President Uhuru Kenyatta to appoint judges in line with court orders.
An intense misinformation campaign has also intensified against Maraga and the judiciary in recent weeks.
From banners around the capital city castigating the Judiciary to scandalous viral videos 'exposing' the CJ, it has pointed to an all-out war just months before Maraga leaves office.
There has been particular interest in his replacement due to the key role the Supreme Court plays in the country's election process, with a General Election on the horizon in 2022.
The recruitment of Maraga's successor will be undertaken by the Judicial Service Commission (JSC) and cannot start until Maraga vacates office. It cannot even begin when Maraga is on terminal leave.
It has been argued that an early retirement for Maraga would allow the JSC time to recruit a replacement, as happened in the case of Willy Mutunga.
When he retired in June 2016, a year before he could attain the retirement age of 70, Mutunga stated that it was to “give the country sufficient time to recruit a new Chief Justice ahead of the August 2017 election”.
The JSC will select a suitable replacement after a competitive process which includes a vacancy announcement, shortlisting of applicants and interviews.
The name of the individual will then be forwarded to Parliament by the JSC for vetting and approval.
If Parliament gives the go-ahead after vetting, the candidate will then be formally appointed as Chief Justice by the President.
