Chief Justice David Maraga Responds to Judiciary Capture Claims By CS Matiang'i

Chief Justice David Maraga has responded to claims by Interior Cabinet Secretary Fred Matiang'i that some judges have been captured by civil society and activist lawyers in a bid to humiliate the Executive.

Appearing before National Assembly Committee on National Security on Tuesday to explain Miguna Miguna's last week deportation, the Interior CS said that a clique of judicial officers had been compromised to issue biased orders against one arm of the government.

“This isn’t about the Judiciary. It is about a clique of judicial officers who have gotten into unholy relationship with activist lawyers, the Opposition and civil society; with the intention of humiliating and stalling the government; making it impossible for the State to perform its work,” Dr. Matiang’i said.

"One civil society member gets 30 exparte orders in a month. Even if he goes to Court asking for all CSs to commit suicide, the orders will be granted. It is the case of collusion between activist lawyers, judicial officers and elements in civil society to drag us," Matiang'i stated at Continental House.

However, reacting to the allegations by the CS, the Chief Justice said he was not aware of any judicial officers that had been captured by the opposition or anyone else.

"I'm not aware of any part of the judiciary that has been captured by the opposition or the media. If you are not happy with an order that has been given, the channels are there you can appeal," Maraga stated.

Maraga, who heads the Judicial Service Commission (JSC), said that no individuals had filed complaints against any judge before the commission.

"It is not true that any judges have been captured by the opposition. They give orders and they can make mistakes, if they make mistakes you can appeal," Maraga explained.

Defending the judiciary, Maraga noted that judges had made rulings in favour of and against both the Government and the Opposition in the past.

Maraga was speaking to journalists ahead of an East African Conference on judicial matters in Nairobi on Thursday.

On Wednesday, Opposition leader Raila Odinga condemned Matiang'i's remarks, noting that it was a threat to the unity pact between him and President Kenyatta.