Outgoing Chief Justice David Maraga final judgment, President Uhuru should be impeached!
Retired Chief Justice David Maraga says President Uhuru Kenyatta has failed in his obligation to uphold and defend the Constitution and should therefore be impeached.
Speaking in an exclusive interview with Citizen TV, Maraga faulted President Kenyatta for not swearing in the 41 judges recommended by the Judicial Service Commission (JSC) as required by the law, even after three court orders were issued directing him to do so.
“That is a Constitutional duty placed on the president. The President says he can’t appoint because there are issues; issues which he does not want to reveal. There are three court orders directing the president and even giving him a time frame and he has not appointed. As far as I am concerned that is a violation of his constitution duty. In fact if it was in other countries, the president would be impeached because he swore to uphold and defend the constitution,” said Maraga.
“If you have failed on a constitutional duty which is placed upon you, the recourse for the president would be impeachment. But that does not happen in jurisdictions like ours and that is why it has persisted up to now.”
The 41 judges were recommended by JSC for appointment to the Court of Appeal, the Environment and Land Court and the Employment and Labor Relations Court in July 2019 and are yet to be appointed.
In his defence against the apparent refusal to appoint the judges, the President argues that some of the 41 nominees have integrity issues.
