Summary
- Known for his calm and confident manner in the court room, Justice Maraga will need all his equanimity as he, together with his team, delivers a verdict on a petition that has already attracted worldwide attention.
- Justice Maraga has played a key role throughout the trial as the legal teams clashed and tore into each other.
- He - assisted by his colleagues on the Bench - demanded that lawyers maintain courtroom decorum, supervising the admission of evidence, ruling on requests by the lawyers and making decisions on how to proceed with firming up of law and evidence.
- Behind the veil of grace is a man of steely resolve as interviews with associates and a look into his past judgements gleaned by the Business Daily reveal.
He seemed a man in charge early in the week when the opposing
sides and their lawyers assembled at Kenya’s highest court for the start
of the presidential petition.
Today, as the Supreme
Court gave its decision in one of the most important and widely
anticipated petitions in Kenya’s legal and political history, all eyes
were on the affable 66-year-old Chief Justice David Kenani Maraga.
Today’s
verdict was eagerly and anxiously awaited — the suspense merely
heightened by the fact that nobody knew when exactly it would be handed
down.
Together with the other six justices including
Deputy Chief Justice Philomena Mwilu, Lady Justice Njoki Ndung’u, and
justices Smokin Wanjala, Mohamed Khadhar Ibrahim, Jackton Boma Ojwang
and Isaac Lenaola, he listened to four days of detailed legal argument
made earlier in the week.
Known for his calm and
confident manner in the court room, Justice Maraga will need all his
equanimity as he, together with his team, delivers a verdict on a
petition that has already attracted worldwide attention.
But Kenya’s 14th Chief Justice who hails from Bonyamatuta, Nyamira County, knows as much.
“From
our history, I know that presidential elections are emotive and high
pressure processes. If mismanaged at any stage (including determination
of petitions arising therefrom), Presidential Elections can lead to
instability in our country,” Justice Maraga highlighted this importance
in 2015 when he presented a paper to the Parliamentary Justice and Legal
Affairs Committee in Nairobi and Mombasa in 2015 urging them to amend
Article 140(2) of the Constitution and extend the period for the
determination of Presidential Election Petitions from 14 to 30 days to
give the Supreme Court sufficient time to properly determine cases. This
push was, however, unsuccessful.
In
the latest petition, Justice Maraga has played a key role throughout
the trial as the legal teams clashed and tore into each other. He -
assisted by his colleagues on the Bench - demanded that lawyers maintain
courtroom decorum, supervising the admission of evidence, ruling on
requests by the lawyers and making decisions on how to proceed with
firming up of law and evidence.
Stickler for order
But
behind the veil of grace is a man of steely resolve as interviews with
associates and a look into his past judgements gleaned by the Business Daily reveal.
“He
is a stickler for orderly proceedings. He is known for his strict
fidelity to the law. He is a well learned and well-read judge...he is
indeed a most noble judge as Shylock once quipped in the Merchant of
Venice,” said Nairobi lawyer Evans Kaimenyi.
Those who know him spoke about his commitment to the rule of law albeit manifested with a firm gentleness.
“Justice
Maraga is a quiet, sympathetic man with a steely resolve,” said an
acquaintance who sought anonymity. “Throughout his legal career he has
made a significant contribution to local and international jurisprudence
without raising his voice.”
This view was cemented in 2012 by the Judges and Magistrates Vetting Board when it dismissed complaints made against him.
“At
his interview with the Board, the judge made a confident, forceful and
dignified impression. The Board received positive reports from the legal
profession in the Rift Valley, who complimented the judge on his
punctuality, seriousness with which he approached cases, and his control
of the courtroom,” the Board would say of Justice Maraga.
The
Chief Justice was admitted to the Roll of Advocates in 1978, and has
served as judge of Kenya’s two Superior Courts for about 13 years.
Before
being appointed a judge of the High Court, he was a legal practitioner
in private practice for 25 years, engaged in civil and criminal
litigation as well as conveyancing matters.
He holds a
Master of Laws (LLM) Degree from the University of Nairobi; a Bachelor
of Laws (LLB) Degree from the same institution and a Diploma in Legal
Practice from the Kenya School of Law.
Strong advocate of judicial independence
A
staunch Seventh Day Adventist, he is said to be a strong advocate and
defender of the importance of judicial independence – which observers
say is increasingly important for Kenya’s democratisation.
In April this year he told off President Uhuru Kenyatta, noting that he was not a Jubilee government project.
Mr
Maraga addressed the Head of State Uhuru through the Judicial Service
Commission (JSC) and also sent a personal statement saying the
recruitment process for the position of Chief Justice had nothing to do
with politics.
The President had during a visit to
Nyamira County earlier in the month, asked residents to give him another
term in office, arguing that his Government had given ‘their son’ a
job, referring to the CJ who comes from the region.
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