Chief Justice David Maraga Monday told off those accusing the Judiciary of laxity in the ongoing war against corruption, saying the cases will be determined based on the evidence and not the strength of public passions.
The Judiciary has in the recent past come under attack from the Executive and politicians, who accuse it of reluctance to aid the fight against corruption. Both President Uhuru Kenyatta and ODM leader Raila Odinga have on different occasions questioned the bail terms given to suspects.
Last week, Mr Odinga claimed that the Judiciary was standing in the way of the renewed fight against graft, but Justice Maraga said yesterday that the war would not be won on the intensity of emotions, but strict adherence to the rule of law.
The CJ spoke during the swearing-in of the new Ethics and Anti-Corruption Commission Chief Executive Officer Twalib Mbarak at the Supreme Court in Nairobi, where he also advised that investigative agencies must be thorough if they expect convictions.
“If, for whatever reason, you think you might not win a case, then if you bring it to court you know the result. It will be dismissed,” cautioned Justice Maraga.
Mr Odinga, speaking at a public lecture at the University of Nairobi on January 11, posed: “Is the Judiciary participating fully in this war when culprits have been arrested, taken to court and given bail and they are able to go back to work and are treated like angels who are being molested by society?”
Accusing the courts of failing to read the signs of the times, Mr Odinga said suspects were accused of “some of the worst crimes” yet they are “allowed to go back and work, sack people and interfere with evidence”.
“Is the Judiciary an ally in the war against corruption?” he asked.
Justice Maraga said that, while the courts were ready to hear corruption cases, he would not allow anyone to use them as scapegoats whenever inadequate evidence led to the dismissal of charges.