Chief Justice David Maraga [PHOTO/standardmedia.co.ke]
The decision by the Supreme Court to hold the first sitting of the presidential petition Saturday night has evoked debate on religion and calls for national duty.
This is after questions arose on whether the move was facilitated by Chief Justice David Maraga’s strong stand that he cannot preside over a court session on a Sabbath Day for the SDA church.
According to a notice from the Supreme Court registrar Esther Nyaiyaki to concerned lawyers, the sitting will be held at 7pm.
“Take notice that the date of the pre-trial conference has been fixed on Saturday August 26 at 7pm before the Supreme Court. Kindly note that all counsel appearing before the court should be fully robed,” said Ms Nyaiyaki.
Maraga, during his interview for the Chief Justice postion, Maraga told the Judicial Service Commission (JSC) that he would never compromise his religious stand to attend to work on a Saturday.
“It will be very difficult for me to sit on a Saturday to hear a case. 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,” said Maraga.
He stated that only a matter of life and death could make him miss church on Saturday, like if an accident happened while he was on his way to church where he would stop to help the victims.
However, sources in the Judiciary have denied that the first sitting of the pre-trial conference will be a result of Maraga's religious belief.
“The decision to begin the pre-trial conference at 7pm was not because of Justice Maraga’s religious conviction but because it was the only convenient time for all the Supreme Court Judges. It has nothing to do with his faith,” said the judicial officer as quoted by The Star.