CJ Maraga refutes claims judiciary is delaying justice in war on graft

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Chief Justice David Maraga at Kamiti prison
Chief Justice David Maraga at Kamiti prison

Chief Justice David Maraga has defended the judiciary against claims that the courts are slow to punish graft suspects and may affect the course of justice. This comes days after President Uhuru Kenyatta urged the judiciary to ensure its procedures aren’t used to protect impunity, “Kenyans’ spirits are dampened when we witness suspects released on ridiculously low bail terms, interference in legislative processes and the use of the court processes to delay justice,” he said during the Jamhuri Day fete in Nairobi. However, Chief Justice Maraga said bail is a constitutional right and moreover, it’s given according to the law, “Bail is a constitutional right but even if it’s a constitutional right, it’s not given freely, it depends on the circumstances,” he said.

Speaking after a church service at Kamiti prison, CJ Maraga said President Kenyatta has the right to make known his views, but the course of cases depends on another factor, “It depends on the court handling the case, even me I can’t discuss those issues,” he said. Cases have been filed in the past few months against parastatal heads as the war on graft continues its trail, with the latest high profile case involving NHIF chiefs. The President has on different occasions indicated that no one will be spared in the war on graft, and the Chief Justice said the cases will be dealt with once evidence is availed, “There is no small fish and there is no big fish, once we have all the evidence we’ll deal with those cases. So what we are waiting for is the DPP and his people to bring us the evidence and you’ll see,” he affirmed.