On Monday Chief Justice David Maraga, in what looked liked bowing down to President Uhuru Kenyatta’s threat made radical changes in the Judiciary.
Two weeks ago during the anti-corruption conference at Bomas, the President told Maraga that if he did not make changes then “we will help you do so”.
Maraga announced a major shuffle of key judges in a move likely to be interpreted as bowing to pressure from the Executive.
Among those moved is Constitutional Judge Chacha Mwita. He has been transferred to the High Court in Kajiado. Mwita will be replaced by Justice Welson Korir who was in Malindi.
However, senior Counsel Ahmednassir Abdullahi has blasted Maraga, condemning him for trying to appease the executive by dismantling the constitutional and judicial review division of the high court.
Through his official twitter account yesterday, lawyer Ahmednassir Abdullahi tweeted that the CJ is trying to appoint judges that are acceptable to the executive.
“Breaking news… CJ Maraga in a move seen by observers to appease the executive dismantles the constitutional and human rights division and other divisions of the high court and appoints judges acceptable to the executive…more to follow shortly,” tweeted the lawyer.
BREAKING NEWS….CJ Maraga in move seen by observers to appease the Executive dismantles the Constitutional & Human Rights Division and other divisions of the High Court and appoints judges acceptable to the Executive…more to follow shortly….@makaumutua @Paul_Muite
— Ahmednasir Abdullahi SC (@ahmednasirlaw) February 4, 2019
He added that “the CJ has an ABSOLUTE prerogative when it comes to transfer of judges but when he fiddles with the Constitutional and Human Rights division of the High Court every 2 years, we smell a rat…and RIGHTLY suspect the CJ is giving in to pressure from the state to scuttle this COURT.”
CJ has an ABSOLUTE prerogative when it comes to transfer of judges but when he fiddles with the Constitutional & Human Rights division of the High Court every 2 years, we smell a rat…and RIGHTLY suspect the CJ is giving in to pressure from the state to scuttle this COURT. pic.twitter.com/eQMeeRaZZa
— Ahmednasir Abdullahi SC (@ahmednasirlaw) February 4, 2019