Chief Justice David Maraga on Monday made radical changes in the Judiciary. Was he threatened by the President Uhuru Kenyatta?
Well, 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”.
At the conference, Maraga came under intense public pressure to rein in judicial officers seen as stumbling blocks in the fight against corruption. Virtually all senior government officials and ODM leader Raila Odinga accused the courts of giving suspects minimal bails, issuing anticipatory arrests orders and giving injunctions arbitrarily.
But Maraga put up a robust defence of the Judiciary, insisting that the arm of government he leads was independent and judges will always abide by the rule of law. However, President Kenyatta laughed off the excuses, telling the CJ to put his house in order if he was serious about the war on corruption or someone would do it for him. Yesterday, 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.
“Following an assessment of the needs and resources of the Judiciary, it has become necessary to make a few transfers at this time,” the letter reads. The letter by Maraga indicated that the transfers will take effect on March 1.
Also moved from the Constitutional and Human Rights Division is Justice Wilfrida Okwany, who will take over from Justice Aaron Makau at the Commercial and Tax Division.
Justice Reuben Nyakundi, who has been the presiding judge at the High Court in Kajiado, has been moved to the High Court in Malindi to replace Korir. It has not escaped the curious eye of observers that Mwita and Okwany have been handling major cases that have rubbed the Executive the wrong way.