MP to lead rejection of Justice David Maragas nomination as CJ

A ruling delivered by nominated Chief Justice, David Maraga, in 2009 over the killing of former Ainamoi Member of Parliament, David Kimutai Too, could return to haunt him as he is set to be vetted by the National Assembly this week.

Ainamoi MP, Benjamin Langat, the brother to the late David Kimutai Too – who was murdered in January 31, 2008, has accused Justice Maraga of mishandling the case after the judge convicted the accused of manslaughter and sentenced him to ten years in prison.

At the time of his murder in West Indies Estate, Eldoret, Too had just been elected as the MP for Ainamoi during the 2007 General Election. He was murdered alongside policewoman Eunice Chepkwony.

In 2009, Justice Maraga, who was then the Nakuru High Court Judge, ruled that the murder suspect, Andrew Moeche Omwenga, was guilty of manslaughter.

The decision angered members of the late Too’s family who declared their disappointment and termed the ruling a ‘miscarriage of justice.’

Langat – who succeeded his brother to the seat during a 2008 by-election – said he would file a petition over the matter at the National Assembly seeking to oppose the approval of Justice Maraga as the Chief Justice.

The Ainamoi Legislator said the judge was biased in his ruling and he admitted evidence which would otherwise not have been admissible in the High Court where such cases are handled, adding that the judge’s decision to reduce the charge from murder to manslaughter that attracts lesser sentence was a travesty of justice.

Justice Maraga had ruled that Moeche had been provoked and acted in self-defense after the MP allegedly drew out a gun and fired the first shot, an argument which Langat has sought to deny, arguing that the allegation that his brother owned a gun was a ‘fabrication.’

Constituents of Ainamoi, led by aspiring Member of Parliament, Emmanuel Kiplangat Kirior, also accused Justice Maraga of having ‘mutilated’ the case and vowed to back Langat by filing their own petition opposing his (Maraga’s) appointment to head the Judiciary.

Kirior noted that the people of Ainamoi ‘remained shocked’ over the decision by the judge to jail the killer of their Legislator for only ten years and vowed to fight against his appointment.

The CJ nominee has, however, continued to receive glowing praise from former colleagues in the legal fraternity.

LSK South Rift Branch Chairman, Erastus Orina, welcomed Justice Maraga’s nomination terming the Judge as a “deeply down to earth and spiritual man” who will continue the quest of disbanding the cartels which he said have taken control of the Judiciary for long.

Report by Kimutai Kering