Justice David Maraga Biography
JSC Picks David Maraga for Chief Justice Post
The Judicial Service Commission (JSC) has picked Court of Appeal Judge David Maraga for the post of Chief Justice.
“The JSC has after lengthy deliberations recommended Hon Mr Justice David Kenani Maraga for appointment as Chief Justice and has submitted the name to His Excellency the President,” a statement from JSC read.
President Uhuru Kenyatta is expected to send Justice Maraga’s name to the National Assembly for approval.
During an interview with JSC, Justice Maraga had said that if appointed CJ he would name a senior judge as the Judiciary ombudsman and revive the programme for helping the poor with court cases.
He told the JSC that he would fast-track the implementation of the Legal Aid Act to ensure that justice is accessible to all.
He also said he would hire investigators to look into complaints against judges and magistrates with a view to helping to restore public confidence in the Judiciary.
Justice Maraga said he would introduce an email address to receive public complaints on the conduct of judges, saying the use of suggestion boxes was outdated and ineffective.
His name will now be forwarded to Parliament for vetting. If lawmakers endorse him, he will be formally appointed by President Uhuru Kenyatta.
Why David Maraga Was Appointed New Chief Justice
The Judicial Service Commission (JSC) has hinted at the key aspects it considered before settling on Justice David Maraga as the next Chief Justice (CJ).
Speaking to the media, Professor Tom Ojienda, one of the Commissioners listed at least five key qualifications that made Maraga stand out among the 10 other candidates.
According to Ojienda, JSC was looking for a candidate who had outstanding jurisprudence as well as best understanding and application of the law.
The Commission was also looking for an individual who had high levels of integrity and stood out among his peers.
Additionally, Prof. Ojienda said the Commission considered the candidate who had the best transformation agenda for the Judiciary.
More than that, Justice Maraga was appointed as he was considered best placed to get judicial staff to deliver and reduce the case backlog in most of the courts.
The interview panel was also searching for a candidate who had ambassadorial traits and can appropriately work with other arms of the government while still maintain the independence of the judiciary.
Commissioner Ojienda divulged that four other applicants also passed the qualification but Justice Maraga stood out among them.
He added that the decision to appoint Maraga was arrived at unanimously after he attained the highest score allocated by all panellists.
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Justice David Maraga
Justice David Maraga Biography
Justice David Kenani Maraga, 64, is the Presiding Judge of the Court of Appeal in Kisumu. He was appointed to the High Court in October 2003 and to the Court of Appeal in 2011.
A holder of both an LL.B and an LL.M from the University of Nairobi, he also chairs the Judiciary Committee on Elections tasked with overseeing election petition hearings that may arise after the 2017 elections within the prescribed period in the constitution.
He successfully underwent the vetting board fending off accusations of tribalism and bribery seeking and was unanimously endorsed to continue to serve in 2012. An avowed Seventh Day Adventist, he startled the board proceedings when he invoked God’s name loudly and went on to swear that he had never taken a bribe in his life.
Justice David Maraga Age
Justice David Maraga is 64 years old as of 2016
Justice David Maraga Family, Wife and Children
Details about Justice David Maraga Family, Wife and Children will be updated soon..
David Maraga Biography – 5 Things to Know About Justice David Maraga
Justice David Maraga will only serve one term
Justice Maraga is 64 years old. The Chief Justice position has an age limit of 70, meaning he will only serve one term and the commission will have to again interview applicants for his replacement.
His one term at the helm of the judiciary, if aproved, will match his predecessor Willy Mutunga who resigned before reaching 70 years
Justice David Maraga is going to be the 14th chief justice
Justice Maraga will be the 14th person to hold the office of the Chief Justice in post-independence Kenya. He will however be the second person to hold the office under the new constitution.
Justice David Maraga is a staunch Seventh Day Adventist
During his interview on August 31, Justice Maraga was categorical that he would not work on Saturday in line with his Sabbath Day Adventist faith. He said he cannot compromise church for work.
Justice David Maraga headed the tribunal that recommended the removal of Judge Joseph Mutava
Justice Maraga had on Wednesday presented a report to President Uhuru Kenyatta recommending for the removal of Judge Mutava for misconduct. This was after the tribunal he headed concluded its hearings and produced a full report.
Justice David Maraga describes himself as a good time manager
Justice Maraga says he used to apologise when court started late while working in Kisumu. He prides himself in being a decisive person of integrity and humility and a good time manager.He cited his record as the presiding judge of the Appellate Court in Kisumu from October 2014 to July 2016 where he made 1,250 judgments thereby clearing case backlogs.
Judge David Maraga Religion
Judge David Maraga Refuses to Work on Sabbath
Court of appeals judge David Maraga told the Judicial Service Commission, which is responsible for nominating Supreme Court candidates to the president, that he would not enter the courtroom on Sabbath even in a presidential election dispute.
“It would be very difficult for me to sit on a Saturday to hear a case,” Maraga said in reply to a commission member’s query about a hypothetical situation, local media reported. “I would rather talk with my colleagues in the court to accommodate me and exempt me from sitting if the hearing extends to a Saturday.”
Identifying himself as a staunch Adventist, Maraga said his practice was to worship God in church on Saturdays.
“According to the judge, only a matter of life and death can make him miss church on Saturday — for instance, an accident happening on his way to church in which case he would stop to help the victims,” Kenya’s Standard newspaper reported Thursday in an article with the large headline, “I Will Not Compromise Church for Work, Says Judge.”
Judge David Maraga Profile – Video
Judge David Maraga Interview for Chief Justice Post
Source: Daily Nation
Court of Appeal Judge David Maraga on Wednesday said he will name a senior judge as the Judiciary ombudsman and revive the programme for helping the poor with court cases if appointed the new Chief Justice.
He told the Judicial Service Commission (JSC) that he would fast-track the implementation of the Legal Aid Act to ensure that justice is accessible to all.
“Kenyans seeking justice will not be locked out due to lack of money. I will seek funding for those seeking legal assistance but have no means to get a lawyer,” he told the interviewing panel at the Supreme Court Building in Nairobi.
According to the Legal Aid Act, Kenyans who can’t afford to hire an attorney, are entitled to one at the expense of the State.
Others entitled to a State lawyer are stateless people, children, refugees or trafficked persons.
In his first year in office, Judge Maraga said he would consult with the JSC and restructure the Judiciary ombudsman to be headed by a secretariat led by a senior judge.
He would also hire investigators to look into complaints against judges and magistrates with a view to helping to restore public confidence in the Judiciary.
The current Judiciary ombudsman is Mr Kennedy Bidali, a former magistrate, who rose to the post of registrar of the High Court before his appointment.
Justice Maraga said he would introduce an email address to receive public complaints on the conduct of judges, saying the use of suggestion boxes was outdated and ineffective.
CONTENTIOUS ISSUES
Attorney-General Githu Muigai and Prof Tom Ojienda questioned him on his understanding of contentious, contradictory or grey areas in the Constitution.
Prof Ojienda: “What are your views on lesbians, homosexuals and intersex people?”
Judge David Maraga: “These are people, who have chosen that way of life. The law will deal with them as it is. The Constitution stipulates that marriage is between a man and a woman. It will depend on the issue at that time.”
Prof Ojienda: “Should the law be amended to accommodate intersexes?”
Judge David Maraga: “These are issues the society should sympathise with. They did not choose to be born that way. Anyone can give birth to such a child. Surely, will you kill them?”
AG Muigai: “When met with gaps in law, what law should we turn to? Is it Law of Contract, Children’s Act or the Constitution? For example in a three-way custody dispute between a surrogate mother and a couple who chose to have the child but have gone their separate ways?”
Judge David Maraga: “This ordinarily would be premised on contract, but you have to consider if it is legal or against public policy? You look at the issues and see how to resolve this, but the interests of the child remain supreme.”
AG Muigai: “When relatives of a patient in a vegetative state in hospital approach the court for guidance on who should switch off the life support machine, can the doctors switch it off?”
Judge David Maraga: “Doing so would be assisted suicide, which is a crime. The Constitution regards life as sacred and even using euthanasia is illegal.
The judge was also asked to explain the jurisdiction of the Supreme Court and if it should hear election petitions other than the presidential petition.
He said the mandate of the Supreme Court should only be limited to presidential election petitions, while the Court of Appeal should be the final authority on other poll petitions.
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