Out-going Chief Justice David Maraga has called on members
of the judiciary to act boldly and bravely even as political tension increases
in the country.
Speaking during his fare well ceremony at Supreme Court
Nairobi on Monday, Maraga said the ongoing political wrangles in the country
requires a firm judiciary which must protect Kenyans.
“My colleagues if you waver and do the wrong thing and
this country descends in to chaos, God will never forgive you. Stand firm and
do the right things. God and the people of Kenya will defend you,” said the CJ.
Maraga further reminded them of their critical role as
custodians of the constitution and protectors of the rule of law.
His sentiments come from his experience as the president of
the supreme court, having fought various battles which bore no fruit due to
lack of support from the government.
The recent one being the 2020 advisory to President Uhuru
Kenyatta over dissolution of Parliament for their failure to implement the
two-thirds gender rule, which fell on deaf ears.
Philomena Mwilu, the right captain
Maraga’s move to have President Uhuru to swear in 41 judges
appointed by the Judicial Service Commission since July 2019 also did not
materialize.
The CJ retires after attaining 70 years of age, leaving the
mantle in the hands of his deputy Philomena Mwilu.
Mwilu assured Maraga of the Judiciary’s togetherness and
boldness in ensuring the transformation he instigated are carried forward.
“I shall ensure that we further entrench and build on your
legacy and that the judiciary shall forge ahead and continue with its journey
of transformation,” said acting CJ Mwilu.
She affirmed her sentiments in December 2020, when she presided
over appointment of land commission members.
Mwilu said, “Any time we take an oath, I think it is at that
moment that we are called upon to reflect on the words of the oath.”
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