I have received very disturbing information from very reliable sources that the Hon. David Kenani Maraga, Kenya’s Chief Justice, has succumbed to pressure from third parties and he is now acting against his mandate as the custodian of the rule of law.
The Chief Justice wants to punish the Hon. Justice Enock Chacha Mwita by transferring him out of the Nairobi Station just because he recently granted orders suspending parliamentary proceedings to oust the Auditor-General pending the hearing and determination of a constitutional petition I filed in the High Court against the process.
The Chief Justice is also reported to have begun putting pressure on individual judges not to issue orders against the Government in proceedings before them.
This state of affairs is unacceptable and I urge the learned Judge to stop and reflect on the all-important position he occupies in the Kenyan State, as the Chief Justice. He is not an errand boy for anybody!
Every organ of government and every resident of Kenya is subject to the application of the law. No person or government is beyond its reach. This principle is often called the “rule of law” and is important in a democratic system of government. A former Secretary General of the United Nations has defined the rule of law as follows:
It refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
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