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Maraga: I cannot stop any judge from swearing in Raila

By MOHAMED AHMED January 27th, 2018 2 min read

Chief Justice David Maraga has said he has no power to stop any judge from swearing in Nasa leaders Raila Odinga and Kalonzo Musyoka.

The President of the Supreme Court said he had no legal mandate to direct any judge or magistrate on any matters.

Addressing journalists after the official opening of the National Assembly Departmental Committee on Justice and Legal Affairs retreat on Friday at PrideInn-Shanzu in Mombasa, Mr Maraga said the judicial officers have their independence.

“The independence of the Judiciary is sacrosanct that the CJ is not given power to direct the officers on what to do. Anybody saying that I have directed judges and magistrates on what to do, that has not come from me and it will never come from me,” said Mr Maraga as he dismissed a letter doing rounds in social media indicating that he has cautioned magistrates and judges against participating in the swearing in ceremony.

The letter seen by the Nation purports that Mr Maraga had cautioned judges and magistrates not to engage in the event.


It reads: “The Supreme Court ruling on November 20 declared Uhuru Kenyatta was validly elected President of the Republic of Kenya and the Commander in Chief of the Kenya Defence Forces.”

It adds that: “He (Kenyatta) was legitimately sworn in on November 28 in public in the presence of the Chief Justice…. As such, any other event advertised as having planned for the same will be illegal and an attempt to unseat a legitimate government which would amount to treason.”

Mr Maraga said administrative issues are taken to him as the chair of the Judicial Service Commission.

“Those issues that are brought to the commission are those of misconduct which are the ones I address. I only come to what the judges and magistrates are doing when I seat on appeal,” he said.

Asked what his position was in regards to the swearing in plans by Nasa leaders on January 30, Mr Maraga said the Judiciary does not interfere with what politicians do in their sphere.

He added: “We address political issues when they are placed to us as legal issues.”