Justice Maraga Retirement: Hands power to Acting CJ Justice Philomena Mwilu

Chief Justice David Maraga retires as the 15th Chief Justice
of Kenya and officially handed over judicial power to acting Chief Justice
Philomena Mwili today at a special ceremony at the Supreme Court buildings. The
disrobing of the judicial attires signified the end of his tenure as the Chief
Justice to a civilian.

The acting CJ is expected to take charge and judicial powers
until the next CJ is appointed. Justice Maraga has urged Kenyans to support the
acting CJ until his predecessor is appointed to charge of the judicial services
in the country.

CJ maraga took charge of the judiciary in 2016 after an
early retirement of Dr. Willy Mutunga as the CJ of the country after beating
Justices Smokin Wanjala, Professor Makau Mutua, Alnashir Visram,Roselyne
Nambuye and the late senior Counsel Philip Kitonga.

The acting CJ however has had issues after a petition was
filed of blocking her to be the acting CJ following the corruption allegations
leveled against her and her appointment as the acting Chief Justice. She
responded saying her case is received by the JSC and that cannot prevent her
from exciting her judicial services.

“My case cannot be any different. A judge’s personal
integrity does not diminish or end nor does the judge cease being suitable to
continue serving on account of pending complaints for removal,” she says in her
affidavit.

However, CJ Maraga’s leadership as the head of Judiciary has
not been a smooth on for the 6 years he had been in office. He once accused the
government of frustrating and hindering the judicial operations. With many
political analysts terming his frustrations having a Genesis after the
nullification of the 2017 August general elections. After president Uhuru
Kenyatta’s remark “we shall revisit”.

He accused the executive of underfunding the judiciary and
urged demanded an increase in finding of the judiciary to make court operations
run smoothly like other government bodies. The president however replied saying
that when they increase the tax to be able to find the demands made by the
judiciary the same judiciary rejects.

He further accused president Uhuru of halting the
appointment of 41 judges proposed by the judicial service on July 2019 in
August last year. The refusal by the president to swear in the judges despite
court orders requiring him to act so in 14 days paralysed court operations in
the country and increase in case logs at the courts.

Maraga also accused the Executive of continuously
disregarding court orders and willfully neglecting to settle dozens of decrees
issued by various courts against the Government.

In his leadership Justice David Maraga apart from nullifying
the August elections, he will also be remembered for advising the President
Uhuru Kenyatta to dissolve Parliament, in line with Article 261(7) of the
Constitution, for its failure to enact legislation on the two-thirds gender
rule.

Despite the challenges he faces during his reign, Justice
Maraga acknowledges that he retires a happy man and urged his predecessor in
doing the right thing they will have the support of Kenyans.