{UAH} Pojim/Bobby/Ocen et al......: 2 Matters_ CJ David Maraga today
|
5:57 AM |
No comments |
1. Stop Friday arrests and blame games, 'angry' Maraga says
Chief Justice David Maraga on Friday said arresting suspects on Fridays impedes the war on corruption, January 25, 2019. /COURTESYChief Justice David Maraga wants DCI George Kinoti to stop arresting corruption suspects on Fridays.
Kinoti has been arresting suspects on Friday and they are to sleep in police cells for the weekend since the Judiciary does not work during those days.
Read: Obado to spend weekend in Gigiri police cell, to be charged on Monday
"We are not going to win the war against corruption by Friday arrests…I do not want to appear like I am in a blame game but let the truth be told," he said.
Speaking in Nairobi on Friday, an angry Maraga said the Judiciary does not go out to look for cases.
"Those who feel aggrieved come to us and file cases, we do not go to them. Like today, I am being showed on social media naked...we are not going to win war on corruption with such gimmicks," he said.
There was a hashtag on Twitter that showed photo-shopped naked bodies of Judiciary officials massaging some corruption suspects.
"The war against corruption will not be won by blame games and by people who are involved here (some are here) hiring professional bloggers to demonise anybody and the Judiciary," Maraga said.
The CJ said Kenya will not win the corruption war without honesty and courage.
"This war must be won by the application of the rule of law... the Constitution guarantees the right to be heard.. presumed innocent until proved guilty. Friday arrests put a lot of pressure on us," he said.
"This war will be won by use of technology and block chains. We need to invest in courage... people being courageous. Come and tell us about this corruption case with concrete evidence."
EVIDENCE
He said they receive information about some corrupt members but there is never enough and sufficient evidence for convictions.
"The war against corruption is going to be won by evidence. I have no right to be a CJ if I have to confer with the DCI and DPP to assist them in prosecution," he said.
"We will not send any innocent man to jail. If there is no concrete evidence, we will acquit the suspect."
Maraga further said they need support to be deal with corruption within the Judiciary and Judicial Service Commission.
"I agree that there is corruption in Judiciary but information we get is not actionable. We are asking for support to investigate some of the complaints that are coming here in the Judiciary and JSC," he said.
"These are allegations against our own people and ones we get the support we will deal with them."
He said the Judiciary has had delays in the past because magistrates and judges have given lawyers to run the show.
"I have made that very clear that they have to take control of the proceedings.
Noting that corruption is not going to sit down, Maraga said corruption was fighting back adding that it involves a network of people.
"It is going to fight back and it is fighting back very vigorously. We have situations where some people fake sickness and doctors give them fake admissions," he said.
"This is a network ... we have cases where magistrates hearing cases come to my office and tell me that they have problems with lawyers.."
In some instances, Maraga noted that one lawyer can appear in all the corruption cases.
"We are not going to allow this in future... if you have taken a corruption case and you have taken another, it cannot work. To the aggrieved, if your lawyer is defending so and so ...we will not wait for him or you to appear in court," he said.
"We have asked those magistrates to mention all cases and give them fresh hearing dates.. dates available to the magistrates not the lawyers."
Maraga said the Judiciary will not entertain cases of evidence tampering by the police.
"We have heard cases where evidence is being interfered with...you find that an officer is charged with murder and is investigated by senior officers. Then the investigators come with a wrong serial number..," he said.
"What is the judicial officer supposed to do... the aggrieved party will say this is not my serial number..."
FRAMING
The Chief Justice asked DPP Noordin Haji to frame cases in a proper manner.
"Look at the way you frame cases. How can you put 30 accused persons in one charge sheet. And this 30 people are being represented by 30 lawyers," he said.
"... how long do you think that will take?.. those kind of cases will never move... let us speak the truth... find ways of how you frame your cases."
Maraga said that of the DPP does not solve this, cases will be stagnant.
"You will continue blaming the judiciary and we are not going to move anywhere because of the way your frame the cases," he said.
FUNDING
The Chief Justice noted that they need more funds to be able to prosecute cases.
"I have magistrates from other station and I have brought them to Nairobi. The Judiciary is extremely underfunded," he said.
"If Kenyans want the Judiciary to give them what they want we need funding..we can see some resources being given to other institutions and we are being stuffed."
Maraga said the cases cannot be solved or finished within six months.
"This is impracticable...one witness takes four days... I don't want to promise Kenyans but we are discussing and telling the magistrates and judges that let us deal with the cases as soon as possible," he said.
Read: Maraga lauds Uhuru for Judiciary budget review
|
2. CJ David Maraga Orders Magistrates to Disallow Lawyers With Multiple Cases
CJ David Maraga speaks during the National Anti-Corruption Conference at Bomas on Friday Twitter
Chief Justice David Maraga has ordered judges to take stern action to prevent lawyers from taking multiple cases after he accused them of slowing down the courts.
Speaking during the National Anti-Corruption Conference at Bomas, Maraga accused the lawyers of delaying court processes while juggling their multiple cases.
He, therefore, directed judges to mention the cases and give them fresh hearing dates that suit the magistrates' schedule and not the lawyers'.
"If your lawyer is having your case and is defending so and so, we are not going to wait for you if your lawyer is caught up with other cases and is not able to represent you at the said time.
"I have asked those magistrates to mention all those cases and give them fresh hearing dates, the dates available to those magistrates, not the lawyers," he started.
- CJ Maraga and the Supreme Court bench
While at the event, Maraga also took the opportunity to address numerous attacks, with the latest being made on Thursday, towards how the judiciary lags corruption cases.
He accused the prosecution of poorly framing cases and then engaging in blame games with the judiciary.
"Look at the way you frame cases; you put 30 accused people in one charge sheet and they are represented by 30 lawyers. How long do you think that will take?" posed the CJ
He further claimed that the prosecution offers half-baked evidence.
"The war against corruption is going to be won by concrete evidence that is going to be brought to us.
"We will dismiss half-baked cases and we will do firmly- we will not send anyone who is innocent to prison," he continued.
This came a day after DCI George Kinoti attacked the Judiciary accusing them of passing lenient sentences despite irrefutable pieces of evidence.
He went on to state that the courts gave 'strange orders' when it came to powerful suspects implicated in various scandals including blocking the arrest of high-level lawyers.
Related Posts:
{UAH} WE CANNOT ALLOW THE SOLUTION TO BE WORSE THAN THE CRISIS- {UAH} See Trump’s total reversal on his own authority
- {UAH} Alam charged, sent to jail
{UAH} THE PEOPLE DEMAND DEMOCRATS STOP TO PUSH THE SHUT DOWN
{UAH} ALLOW ME TO BECOME A MONKEY ON YOUR BACK JUST FOR A COUPLE OF YEARS SO THAT i WEAPONIZE MY MILITARY
0 comments:
Post a Comment