CJ Maraga dismisses letter on swearing in


Chief Justice David Maraga
Chief Justice David Maraga. Photo/Profile

In Summary

  • CJ Maraga says letter spread on social media purporting to warn judges and magistrates from participating in NASA oathing plot is fake and  judicial officers are independent.
  • As the Chief Justice, I have no authority to direct any judge or even a magistrate on what to do.
  • The independence of judiciary is so sacrosanct that the CJ is not given power to direct the officers on what to do

Chief Justice David Maraga has distanced himself from a letter barring all judges and magistrates from participating in the swearing in ceremony of Raila Odinga on January 30.

Speaking from Mombasa on Friday, the CJ dismissed the letter which was being shared on social media saying it is not within his mandate and jurisdiction to dictate to the judges and magistrates on what to do.

“As the Chief Justice, I have no authority to direct any judge or even a magistrate on what to do. The independence of judiciary is so sacrosanct that the CJ is not given power to direct the officers on what to do,” he said.

“I only come to what judges and magistrates are doing on appeal when administrative issues are brought to me as the chair of the Judicial Service Commission and those are issues of misconduct,” added Maraga.

The letter, dated January 25 dubbed “Participating in an unconstitutional event/act” reads;

As per the Supreme Court ruling on the 20th of November 2017, Uhuru Kenyatta is the validly elected president of the Republic of Kenya and the Commander-in-chief of the Kenya Defence Forces. He was legitimately sworn-in on the 28th of November in public in presence of the Chief Justice as per the article 140 and 141 of the constitution of Kenya 2010.

As such any other event advertised as having been planned for the same will be illegal and an attempt to unseat a legitimate government which would amount to treason, therefore all  judges and Magistrates are hereby cautioned not to engage in any such events and activities.

 

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