Chief Justice David Maraga on Tuesday criticised Parliament and Executive allegedly for holdings Kenyans at ransom, arguing that the two arms of government are to blame for some of the predicaments facing the country.
According to Justice Maraga, parliament is selective in implementation of certain aspects of the constitution, adding that it had cleverly collaborated with Executive to implement only what suites them.
“Left on their own the legislative and executive arms of government, comprising mainly politicians and social elites, will implement the Constitution in an arbitrary manner, cherry-picking the easier and non-contentious provisions, always safeguarding their personal or sectarian interests. That is exactly what they have done in Kenya,” said Maraga as quoted by the Standard.
Justice Maraga spoke at the Oxford Union Conference in the UK dubbed: ‘The quest for constitutionalism in Africa: a reflection on the interface between institutions, leadership and faith.’
He specifically pointed out at the controversial gender rule that it yet to be implemented by parliament, fight against corruption and holding of elections in controversial environment.
“Three examples will suffice — failure to implement the gender equality principle under the Kenyan Constitution, failure to fight corruption and impunity and failure to hold credible elections,” said Maraga.
The Chief Justice accused the system of allegedly being non committal in the fight against corruption, adding that almost one-third of the national budget is lost to cartels.
“Although 80 per cent of the Kenyans are Christians, with a fair percentage professing Muslim, Hindu and other faiths, over one third of the national budget is lost to corruption every year.”