“You Won’t Intimidated Me”, So Says A Justice Of Our Region!
“You won’t intimidate me, I’ll only follow the law that I swore to
protect” Maraga tells Uhuru,
04 September 2017
My attention has been drawn to statements by political leaders at a
rally in Baringo this afternoon where they accused the Judiciary, and
specifically myself, of taking sides in ongoing political disputes.
I would not ordinarily respond to statements made by politicians in
the course of campaign activities, but these accusations are
particularly unfortunate, based as they are on completely wrong
premises.
 I therefore wish to state the following:
1. At no time did I ask the IEBC not to proceed with ballot printing,
contrary to statements by Deputy President William Ruto and other
politicians at the Baringo rally. To the contrary, the comments I made
in Mombasa and elsewhere, which were either deliberately or
inadvertently taken out of context, were in reference to the
courts’efforts to expeditiously clear the numerous petitions arising
from the party primaries in order not to inconvenience the printing of
ballot papers. Video and audio recordings that confirm this have been
made publicly available.
2. I have always been at the forefront of defending the cardinal
principle of decisional independence of judges, and at no time have I
ever directed any judge or judicial officer on how to determine the
cases before them.
This is consistent with my Oath of Office as Chief Justice of the
Republic of Kenya, and forms the foundation for an independent and
robust Judiciary that is a neutral arbiter not only in political
disputes but in matters of justice in general.
We in the Judiciary are open to constructive engagement, including
being criticised. However, when political leaders cast aspersions on
the administration of justice based on a misinterpretation of my
statements, it has the potential to impair public confidence in our
courts, and this concerns me a great deal.
The Judiciary has, over the last five years, been undergoing a
critical transformation that aims at delivering justice in a timely,
transparent and accessible manner to all Kenyans. We are fully
committed to forging ahead with this transformation.
I wish to reiterate that the Judiciary will continue making its
determinations on the basis of the constitution, the law, and evidence
before it. It is important for leaders and the public to appreciate
that any decision made by courts must meet the foregoing test.
HON. JUSTICE DAVID K. MARAGA, EGH

CHIEF JUSTICE AND PRESIDENT OF THE SUPREME COURT
Posted in: Opinions

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