Chief Justice David Maraga Protests Uhuru’s New Executive Order

Chief Justice David Maraga Protests Uhuru’s New Executive Order

Chief Justice David Maraga has dismissed a revised Executive Order issued by President Kenyatta on Wednesday.

Maraga through a statement on Thursday said the order has no effect on the Judiciary and Judicial Service Commission (JSC), which are recognized as independent institutions under the 2010 constitution.

He further noted that the order titled “The reorganization of government” can only apply to the Executive arm of government, which is headed by the President. 

In the new order, Uhuru listed JSC among institutions under the State Law Office and the Department of Justice.

“While the Executive Order has no legal effect as the Constitution is clear about the creation of the Judiciary and the JSC and their authority and functions, it is important that the public understands, for the sake of our constitutional democracy, that both the Judiciary and the JSC are independent organs which are neither assigned functions nor derive authority from the Executive branch of government,” said Maraga.

“The Order cannot “restructure” or “assign” function to the other co-equal and co-substantial arms of government and Independent Commissions. An Executive Order cannot “restructure” or “assign” functions to Judiciary or the Chief Justice,” he added.

“It is imperative that this institutional independence be clear in all government publications and orders.” 

The revised Executive Order No.1 of 2020 was issued to reorganize the national government and reassign functions and institutions among ministries and state departments.

 “I want to believe that this was an inadvertent error and that the office of the President will promptly issue a correction,” noted Maraga.

Uhuru’s order further placed the newly-formed Nairobi Metropolitan Services (NMS) under the Executive Office of the President.
 

Comments

Okoth (not verified)     Thu, 06/04/2020 @ 02:08pm

It is time to let the Judas Escariot, Maraga, go!!! He is the enemy of the people and a close friend of the DP Ruto.

He shares the proceeds of corruption with Ruto! That is why he is now showing his selfish true colors.

He is a wolf in sheep’s woolen clothing! What is he gonna do!?

Sam (not verified)     Thu, 06/04/2020 @ 04:15pm

In reply to by Okoth (not verified)

I hope you are not saying this defending uhurus actions on executive orders. No matter who we support, we cannot sit back and watch as the president undermines the constitution. Maraga is right and can change that.

Jacob Malinda (not verified)     Fri, 06/05/2020 @ 07:37am

In reply to by Sam (not verified)

Maraga killed the constitution of Kenya long time ago! Uhuru is returning law and order back to the people of Kenya. Maraga should resign! And you need to sit back and let Uhuru do the cleaning for Kenya to be strong again. Where were you when your Tanga Tanga was running all over the country mocking and destroying development? Shash!!

Guest (not verified)     Fri, 06/05/2020 @ 08:32am

In reply to by Amolo (not verified)

Uhuru Kenyatta is the problem.
He’s a thief, a liar and a genocidal maniac who has killed a lot of Kenyans.

The world will be a better place when he’s gone. Kenyans will be safer when he’s gone.

Amolo (not verified)     Fri, 06/05/2020 @ 01:47pm

In reply to by Guest (not verified)

And I ask you again. Are you going to live forever?! The problem with folks like you is that you have failed to take responsibility for your own actions and to help Uhuru in National building! Tou are quite blind to your laziness except a big mouth! You are like a dog that vomits and then it turns around to eat it’s vomit plus the dog’s poop! I hate to say but I surely feel sorry for you! You are nothing but a fatherless kid who had no body to teach discipline and the values of hard work! No wonder you are blaming Uhuru for your absent father - dead or alive!!

Wangeci (not verified)     Fri, 06/05/2020 @ 10:18pm

In reply to by Guest (not verified)

The eyes of a frog can’t keep cows from drinking water in a stream; and your nasty cries are similar to those of a hungry hyena! Tell your mama to interpret what I just told you fool!!

You ain’t nothing but a barking little dog lost in the midst of your own dead imaginations!

Lucie (not verified)     Fri, 06/05/2020 @ 10:22pm

In reply to by Guest (not verified)

@guest, “help who?”! I guess he meant you help yourself and your mother!! That kind of attitude you possess is what has kept Kenya behind. Pluck your head off your ass and start being productive; for once in your clueless life!!

Kiprotich (not verified)     Thu, 06/04/2020 @ 02:18pm

Mr. President, now you have the most favorable opportunity to fire this Kangaroo Maraga! The Chief Justice does not understand the law! Send him home!

Jacob Malinda (not verified)     Fri, 06/05/2020 @ 07:40am

In reply to by Guest (not verified)

Uhuru is taking our country back from thieves; including the useless judiciary! Give Maraga a free Mercedes 600s and send him home. That is all he cares about! It is time fir him to go!!!!

Kanyi (not verified)     Thu, 06/04/2020 @ 02:22pm

What is this foolish Maraga talking about? Stifle him with cutting the judiciary funds; that simple! He thinks his go-nuts are bigger that any body else. Neuter the fool!!

Guest (not verified)     Thu, 06/04/2020 @ 05:16pm

In reply to by Kibet (not verified)

Uhuru is illegitimate and we still want secession.

Or you think Kenya belongs to his mother.

At the right time Kenyans will be free from demonic families like the Kenyatta , Odinga and Moi families.

Familia za mashetani.

Kibet (not verified)     Thu, 06/04/2020 @ 02:27pm

The most corrupt Chief Justice in the history of the world! He dines with the most corrupt Tanga Tanga in Kenya! Get rid of this evil dude.

Kibet (not verified)     Thu, 06/04/2020 @ 02:34pm

I will go with Mutua Makau’s and Grand Mulla’s legal opinion on this matter in support of Uhuru! Maraga’s opinion should be treated with the contempt it deserves! He is not well versed with the law. Maraga cannot even finish a legal argument to what he is protesting! He must be campaigning for a parliamentary seat in Kisii.

Jane (not verified)     Thu, 06/04/2020 @ 02:38pm

Maraga - You are the “inadvertent error” to have been appointed the Chief Justice of the honorable Republic of Kenya! Your appointment should be reversed now to correct the grave error.

Ogeto (not verified)     Thu, 06/04/2020 @ 02:42pm

The judiciary is not Co-equal to the executive branch! Maraga you just told us that nonsense when you were begging for money from the treasury? Now you want to feed us with some more nonsense to make DO Ruto happy? No reversal my foot!!!.

Nyamboke (not verified)     Thu, 06/04/2020 @ 04:34pm

Maraga completely misunderstood Uhuru’s executive order! He feel aggrieved by the executive because he has benefited from the DP Ruto’s corruption and theft of resources. Can one if the well educated legal officers explain the executive order to Maraga before he step on his tongue?

Havi (not verified)     Fri, 06/05/2020 @ 07:30am

Maraga and the judiciary should be put under the executive branch of government to clean that corrupt arm. Maraga and his team have been involved in too much corruption to a point an outsider is needed to clean the judiciary. The custodians of our laws have turned out to be the worst thieves of our coffers and have lost the trust of the people. LSK is also made of thieves too.

Muregi (not verified)     Fri, 06/05/2020 @ 07:50am

Stop creating side shows when a Uhuru is reorganizing the government to near it work effectively for us Me Chief Justice Maraga! Where were you when Tanga Tanga was all over the country politicking and stealing? We need to take back the control of our government and that is what Uhuru is doing! We don’t recognize the judiciary as the arm of the government anymore - they are all thieves and the aid and abet other thieves to destroy our beautiful country! We will fight for Kenya until our last drop of blood. The judiciary have failed us! Maraga is incapable of overseeing justice in Kenya.

Onyango (not verified)     Fri, 06/05/2020 @ 07:58am

This nonsense about who is Co-equal with who need to stop! You cannot have thieves being CO-equal with people of good faith who are trying to salvage the country. This idea that the judiciary was co-equal with the executive had made Kenya fail. It is what has brought us wher DP Ruto was doing things in a lawless manner because GE felt he did not have to answer to the president! Let Uhuru re-write how the government need to run. Maraga and LSK are just opportunists and thieves who are ruining Kenya.

Mudavandi (not verified)     Fri, 06/05/2020 @ 08:17am

The idea of these judicial officers telling us what is good for Kenya is a fallacy! They have stolen our country blind and have no good intentions for the ordinary Kenyans! The judiciary has turned out to be the cartel of thieves! They care less about the ordinary Kenyans! They have been destroying our country for the longest time. Maraga does not even know his job. He protects all the thieves in the judiciary including himself and his beputy! Kenyans are tired of thieves!!

Kujipanga Kibowen (not verified)     Fri, 06/05/2020 @ 12:49pm

Dictator in-chief; As of now, Uhuru is; President, chief justice, Nairobi Governor, Jubilee thief, Everything Kenyan is his and his Kenyatta family; and poor Kenyans are just watching hoping for a miracle. The episodes of 4th world country! This explains why I don't miss 254 and thrashed her pport. This is train wreck president! Goodluck wakenya!

Mohammand (not verified)     Fri, 06/05/2020 @ 03:47pm

In reply to by Kujipanga Kibowen (not verified)

Wacha Kuria machozi tupu! Your kinsman DP Ruto is the greatest enemy of Kenya! He is the greatest thief in the entire world!

You all kill at will because of money hunger and greed! No wonder Kenya has gone to the dogs; your thieving dogs! You are now bribing Maraga to protect Ruto and Echase!

Now that his wings have been clipped, nyonga yourself, and taking the earliest kite to see the Lucifer!

Ex diasporan (not verified)     Fri, 06/05/2020 @ 06:10pm

My observation is that Kenyans cannot engage in a sober discussion without mentioning Ruto, BBI and the president. This is myopic and is the reason Kenya cannot be a democracy.

Nyamboke (not verified)     Mon, 06/08/2020 @ 07:59am

Maraga, what is “uta do attitude from the President”? Cut down your arrogance and go talk to the president personally instead of rushing to the media to attack him! The president say “uta do” you go do. That simple!

The president said the 41 judges you presented to him to be sworn in are tainted. But now you want to force the president to swear in corrupt judges?

You say there are 16000 case waiting to be handled by 31 judges amid covid19. So you want the president to hire 41 more judges who can not even start working immediately? Where is wisdom on your part here Maraga? “Uta do”!

Does that make any sense to you? You can take up some of those cases yourself and also ask the 31 sitting judges to work overtime! “Uta do”!

Do you not have electricity in the courtrooms across the country? Maybe you need electricity installed in the courtrooms so that you can maximize the cases work load by dividing the cases evenly among the 31 judges. “Uta do”! but you are not using your laborforces wisely and economically! “Uta do” is what Kenyans are telling you to “Uta do” mr Chief kadhi Justice.

Kenyans want to cut down on excess salaries in your judiciary. Also the rate of corruption in the courts is making Kenyans lose confidence in your ability to lead the judiciary. “Uta do”! Eeeehee!

Are you tainted with corruption as you seem not be concerned about the corrupt lot in the judiciary. Kenyans are saying “Uta do” to you Maraga!

Stop your high handed-ness and talk to the president with some respect! “Uta do”?

You are not equals with the president although you seem to think you are because you nullified his election in 2017. Maybe that is the root cause of your simple problems! Go figure!!! “Uta do”! or you keep whining till dooms day. “Uta do” is what Kenyans are telling you! Wake up CJ.

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