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Chief Justice David Maraga spoke of the tremendous pressure exerted by the Supreme Court justices before and after the September 2017 decision overturning the presidential election.
According to Mr. Maraga, comments on the court and the judges after the decision had shocked him, even though he was promising to have "fidelity to the Constitution," repeating the famous sentence he had made before rejecting the report of President Uhuru Kenyatta. "I was convicted and denigrated, but in my heart, I know what I did, that's what I had to do," said Mr. Maraga, pondering, almost a year after the decision. The first in Africa and the fourth only in the world
. This is a decision that President Uhuru Kenyatta has described as "some six judges going against the will of the people," a decision he believes should be reconsidered. and a threat that a year late Mr. Maraga does not think he will shake it.
"I do not think I will serve this country well if I am serving under threat, I have to get up and say, '' That was not done well, let's change it, '' said Mr. Maraga
The CJ has long answered the question of what he thinks badysts, and by extension of President Kenyatta and the Jubilee, were wrong to criticize the court for canceling this which was considered the most competitive poll "just because of irregularities", many wondering why the integrity of the final count was not taken into account.
why we canceled the presidential election, but the main reason we made this decision was that there was no transparency in the way the results were transmitted. "
M. Maraga suggested in the interview that the electoral commission cancellation of the results if they had solved their network problems, and according to law, transmitted all its results electronically.
"We were told about network … and this was not true, and they know it.How can you talk about any network in Kisumu City, or here in Kiambu? "Mr. Maraga, who was interviewed at her home Karen, asks.
Two days before the election, the Independent Electoral and Boundaries Commission (IEBC) published a list of 11,155 polling stations which, according to her, did not have a network, will not transmit the results electronically if necessary .
"In the second round, there was an electronic transmission (complete)." The CJE did not just do its job properly. "
Mr. Maraga, his badistant Philomena Mwilu, and Smokin judges Wanjala and Isaac Lenaola made the 4-2 majority decision in which Judges Njoki Ndung & u and Professor Jackton Ojwang were dissidents
"No election is perfect and technology n & # 39; 39 is not perfect either. However, when there is a context in which both Houses of Parliament jointly develop a technological roadmap for the conduct of elections and insert a clear and simple technological process for the sole purpose of ensuring a transmission system. and verifiable statement of results, the judges had ruled.
President Kenyatta's Jubilee Party asked aloud how they had won 175 of 349 deputies, 37 of 69 senators, 27 of 47 senators. governors, and at least 800 of the 1450 elected members of the county badembly, and still "lost" the presidential election "just because this form, or this form has not been signed."
If the Supreme Court had not canceled the election Even after finding that there was no transparency, Mr. Maraga said: "We will be blamed to just as if skirmishes were to take place. "
Regarding President Kenyatta's "revisited" comment, Mr. Maraga seemed to have "When I thought about it, I understood that it meant that it was the shock of the decision and the Momentum, "said the CJ, adding that he had since spoken with the president about" disobedience to the executive orders "which he said should be rectified.
Citing "illegalities and irregularities", the Supreme Court declared that the electoral commission had not conducted the poll in accordance with the Constitution.
It's a decision, said the four judges in their detailed judgment, that they will render again "as long as the Constitution will have the provisions granting this court the mandate to cancel an election. presidential election in appropriate circumstances. "
In the interview, Mr. Maraga referred to another discussion of "revisit", this time from the National Assembly that he suggested could be the reason behind the reduction of the judicial budget of Sh31 billion that they had asked Sh17. $ 3 billion, with a puny $ 50 million for development.
Budget cuts, said the CJ, will lead to the blocking of 70 projects, stopping plans to hire 990 judges, adding, "plans to erase all cases over five years old of December 2018 will be "a mirage and will" immensely affect the discharge of justice.
He also fingering the Treasury, which said that he had not tried hard enough to extend to December 2020 a World Bank program to build courts, and the delay in the implementation of the Judiciary Fund – which will give it financial autonomy, and allow it at least 2.5 percent of revenue.
" We have given requests for Treasury releases, and a month later, it has not been honored, so you are told that you do not absorb; how to absorb what they do not pay? "Mr. Maraga asked the counterpart of the Treasury that the reduction was partly due to poor absorption.
He said how" the judiciary is at the mercy of the Treasury ", and how it had become embarrbading to 39, welcome delegations to his office because there was no decent and respectable toilets.
The judges, he said, must leave their offices to access the infrastructure
a CJ calls Treasury, and no one selects my calls Mr. Maraga, very angry, asked:
He described as an unfair defense the fact that "Kenya had borrowed too much" to refuse his agreement with donors such as the World Bank, observing that "Parliament borrowed money to build the Senate, and its offices, so what are you talking about?"
In the interview in depth, the CJ also spoke about allegations of corruption in the judiciary, app all agencies to submit evidence
. received bribes, and criminal investigations, and the intelligence team are not able to know, so we should be worried about the country in which we live. . . "If they have evidence of compromise, I will be the first to adopt it," he said.
The CJ stated that he had ordered that all claims related to corruption be made in the High Court. Division to avoid confusion.
