Maraga should just resign to save the Judiciary

Chief Justice David Kenani Maraga came out in the open and asked to be helped to run the Judiciary. He asked the people of Kenya and the public at large to assist him. It is very difficult to understand what kind of help he was seeking because he mixed a lot of issues—ranging from luxurious Mercedes S500, VIP treatment at airport lounges to under-funding of the institution he heads.

I have decided to help CJ Maraga by asking him to resign so as to give the Judiciary a new lifeline. The Justice system is today in lackluster riddled with poor management and pure incompetence, bias and consequently bad service.

I am not talking about perception, screaming headlines or a lack of proportional judgment. It’s about systemic failure. Every day seems to bring another example of grotesque incompetence on the part of our Judiciary that lies squarely near the Chief Justice’s doorsteps.

I watched, in shock, his address to the nation this week, and I imagine most of you in Kenya did when the Chief Justice launched a scathing attack on the Executive, actually falling short of mentioning President Uhuru Kenyatta himself for the inadequacies at the Kenyan Judiciary.

This got me to the conclusion that perhaps, there is need to interrogate and review the system of governance and leadership of the Judiciary. Why did Maraga choose to speak of the kind of Mercedes Benz he aspires to have and underfunding of the judiciary all in one sentence. Why.

Somehow, and in particular the current justice system may not be fit for the purpose. It is inadequate in terms of its scope, it is inadequate in terms of its leadership style, management, systems and processes.

The sad truth is that those who are supposed to assist in policy making like CJ Maraga are passing the blame. This only happens when you have wrong people in the right place. That is why we want to assist him by telling him to resign.

Drafters of the Kenyan Constitution did not help matters when they declared that there are three arms of government.’ We honestly feel there is a way this is confusing Maraga.

It makes the likes of Maraga to think that him being the President of one arm of government is equal to, if not powerful to the Head of State. It’s time Kenyans considered reviewing such glaring loopholes in the Constitution.

Truth be told that up to now there has been a predictable pattern of failures/prejudice on the Judiciary in the way it has been carrying out its job yet Maraga, the man at the helm wants to lay blame elsewhere and hoodwink Kenyans into believing that such are not his failures but the executives’.

We are all aware of the leaks and career-ending embarrassments, Maraga should not pass responsibility but instead, choose to retire honourably and Kenyans will forever be grateful for his service.

Kenyans want to remind CJ Maraga that inasmuch as there could be challenges; financial as he claims, dogging the Judiciary, there is always a better way to address them without necessarily appearing to lecture and belittle the Executive, because he fell short of mentioning the president.

The Chief Justice might have had some legitimate complaint, but the manner in which he chose to communicate them is worrying. Worrying because we are left wondering whether he has advisors or maybe he never takes their advice.
Maraga should do the most honourable thing to resign instead of waiting for petitions to push him out.

Dr. David Matsanga is the Chairman of Pan African Forum (UK) Ltd

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