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Abolish Judiciary if you want, CJ Maraga dares Jubilee

Chief Justice David Maraga led members of the Judicial Service Commission (JSC) in telling off politicians who have been criticising the Judiciary over the presidential petition.

A bold Justice Maraga, who chairs the JSC, fell short of telling Jubilee leadership that they would be held responsible should any of the judiciary staff be harmed as a result of the continued mudslinging.

Judiciary has come under continued attack from the government officials after it annulled, by majority, the election of President Uhuru Kenyatta.


“The JSC would like to state that we unreservedly condemn these mindless acts of aggression against the Judiciary and reiterate that if anything happens to the individual judges, staff or their families, those making inciting statements will be personally held responsible,” said Justice Maraga.

He also wondered why the Inspector General of Police has not acted on calls to fortify the security of key judiciary staff.

“JSC notes with dismay that the Inspector-General of Police, who is expected to provide security to all Government facilities, has repeatedly ignored calls to act, exposing Judicial officers, property and litigants to danger,” he said.

Already, petitions seeking ouster of CJ Maraga, his deputy Philomena Mwilu and Justice Isaac Lenaola have been presented to JSC.

The three teamed up with Justice Smokin Wanjala to nullfy the results. Justices Njoki Ndung’u and Jackton Ojwang dissented. After the ruling, a bitter President Kenyatta vowed to revisit the issue.


But the CJ said judiciary was an arm of government equal to the Executive and the Legislature, the CJ dared disgruntled leaders to abolish it.

“If leaders are tired of having a strong and independent judiciary, they should call a referendum and abolish it altogether,” he said.

“Before that happens, the Judiciary will continue to discharge its mandate in accordance with the Constitution and individual oaths of office.”

He further urges all judicial officers to proceed with their work in accordance with their constitutional mandate without any fear, favour or bias and in accordance with the responsibility accorded us by the people of Kenya.

“We will not allow anybody to dictate to us how to discharge our mandate as given by the people of Kenya under the Constitution. We want to state that the rule of law must be allowed to prevail at all times,” he added.

“We therefore will never agree to work in accordance with the whims and desires of the executive and Parliament. The Judiciary as currently constituted cannot and shall not guarantee a particular outcome to any individual.”