Our attention has been drawn to media reports implying that the Judiciary had taken a position on how to rule on election-related cases being filed in court.
This is a gross misrepresentation of what Chief Justice David Maraga said while officiating at the ground breaking ceremony for the Homa Bay High Court building this morning.
The true context of the CJ’s comments was a narrative about the many cases the courts were handling from the recent political party nominations.
He said the courts had been swamped with cases from the primaries, including the filing of 16 cases at the Court of Appeal as late as yesterday.
The Chief Justice said the Judiciary had made arrangements to hear all the cases expeditiously so that those who win can have their names included in the list that the Independent Electoral and Boundaries Commission sends for ballot printing.
It was at this point that he said the Judiciary would do its best not to hamper the election process.
Below is a verbatim transcription of Chief Justice Maraga’s comments:
“Just yesterday 16 appeals were filed in the High Court … What we did is add some judges to come and hear those matters because we know that at least 45 days from the date of the elections the IEBC should have the entire list so that they can print the ballot papers.
As the Judiciary we do not want to hamper that process.
And you know if we interfere with that process in any way, it is going to interfere with elections and there is no question of us not holding a General election on 8th of August.
We must all work together and have the General Election held as is required by law.
The Judiciary is ready to do its part, all that we are praying for is that we have a peaceful election.
Let us all know that we have a country. Elections come and go but we have a country which we must keep together.
The Judiciary will perform its duties and decide the cases that will be placed before it on the basis of the evidence and the law.”