Economy

Judge Maraga vows to take on cartels if appointed CJ

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Mr Justice David Maraga. PHOTO | DENNIS ONSONGO

Court of Appeal judge David Maraga has described himself as a decisive, humble and a good time manager in his bid to win the Chief Justice job race.

As head of the Judiciary, he would name a senior judge to act as ombudsman and boost access to justice among the low income groups by implementing the Legal Aid Act, he told Judicial Service Commission (JSC) panel on the third day of interviews. At the moment, the Judiciary has former magistrate Kennedy Bidali as an ombudsman.

“Kenyans seeking access to justice will not be locked out due to a lack of money. I will seek funding for those seeking legal assistance but have no means to get a lawyer,” said the 64-year-old judge.

In the first year in office, said Mr Justice Maraga, he would restructure the ombudsman’s role, establish a secretariat and hire ‘good” investigators to handle complaints against judges and magistrates.

Unlike a magistrate who cannot investigate judges without seeking CJ’s clearance, a senior judge can handle all the complaints against colleagues and magistrates.

Mr Justice Maraga told the JSC panel that he has heard of the Judiciary cartels and would smash them should they show up during his stewardship.

Panellists Attorney General Githu Muigai and Prof Tom Ojienda were interested in his understanding of contentious, contradicting and gray areas in the Constitution.

He was also taken to task over the jurisdiction of the Supreme Court, especially if it should hear election petitions other than the presidential ones.

Under a Chief Justice Maraga, Supreme Court would only handle presidential election petition as the Court of Appeal retain the final authority in gubernatorial, senatorial, parliamentary and ward polls.

“If the present state of affairs remain, the court will be flooded with appeals in election petitions. Petitioners will just plead it was not transparent and if they are entertained matters may drag even for the entire term of Parliament,” he said.

And burden of proof in election disputes? “If it amounts to a criminal offence, the burden of proof should be beyond reasonable doubt,” he said.