Chief Justice David Maraga has defended decisions made by Judges, saying if any party isn’t happy with an issued Court order, then the right decision should be to move to the Court of appeal. Addressing the press in Nairobi on Thursday, Maraga said the modes of operation remain clear and open, “The Courts deal with matters as they come, and what we are telling parties is if you ain’t happy with an order that is given by the Court, then you appeal,” he said, “We have had situations where parties that weren’t happy with Court orders, not necessarily the government, have appealed, and the Court has either set aside the judgements and some have been upheld.”
The issue has been widely discussed in recent weeks after state officials didn’t appear in Court to face questions surrounding the Miguna Miguna saga, even after Court orders were given. While appearing before a parliamentary committee on national security on Tuesday, CS Matiang’i said lawyers had peddled lies to the Court, and that one of the Court orders was made without their knowledge since they were at the GSU pass out parade last week. CS Matiang’i had outlined that some judges collude with lawyers to embarrass the government. However, CJ Maraga said he hadn’t received any complaints of judicial officers colluding with lawyers or civil societies to manipulate the course of cases.
He said even before the elections, many cases were brought before Courts and were handled well. He said they were ruled in favour of or against the government, and in favour of or against the opposition, depending on the evidence that was present at the time, signifying the integrity of the judges.
