INSEARCH OF CHIEF JUSTICE

DAVID MARAGA SUCCESOR

INTERVIEW APRIL 2021case study
N0 date name
DAY 1 12/4/2021 SAIDI JUMA CHITEMBWE -he released a convicted rape suspect from prison
[JUDGE] -who was committed for life imprisonment
-26 years old man vs a 13 years old child rape case
-and there was enough tangible evidence to sentence the
Suspect for life.
-there was all evidence both oral/verbal and even tangible
Before the court of LAW on the material judgment day
1-the child was in court
2-the mother was in court too on the hearing day
3-ton clothes for the child were available in court on the
Material court day for ruling
4-chiels letter was produced in court from the child mother
To back-up the case
It was held[judgment] -that the parents of the child were aware that the daughter
Was with the MAN.
-26 years old man
-and that is why judge [JUMA SAIDI CHITEMBWE] released the
Man unconditional
-and he said ,why have a big building in a place where there is
No ACTIVITIES /NO JUDGE /no magistrates to occupy the
Building or space or the offices for rent

Day 2 13/4/2021 MARTHA KOOME -she admitted that yes there is corruption in Kenya courts
[JUDGE HIGH COURT] -transfers matters
-we follow the policy on transfers
-I will apply it in a rotational system [transfers]
-we bring equitability to the system
-no favor to any judiciary service commission
-fairness amongst all in staffs
-ICT issues is still a challenge to the judiciary system under
[digitalization ]
-people fear /staffs fear that when technology come they will
Lose their jobs
-am a human right defender from the past records
-you all know that am a human right defender
-am a visionary and transformative leader
-the new constitution require a very transformative a gender
Kind of[ a chief justice ]
-justice has many threat in the societies
-judiciary should be independent ,it’s a no go zone
I will use my skills /network to transform justice
 -I will work through consultation ,discussion and come up with
The formula
-supreme court is one among equal
Day-3 14/4/2021 PATRICIA MBOTE -integrity issues came-up
[lecturer] -she took her student report
-put in a book
-and wrote the book from outside
-AUTHOR-PATRICIA MBOTE and the book was in the market
For sell
-she spend more time in research than in practice
Day-4 15/4/2021 MARETE NJAGI -he had a lot of dark spot in his career
[judge] -he faced hard-hitting question from the panel team
-health issues came-up to haunt him
-some of his ruling were questionable
-when he jailed one of court staff due to talking in a loud voice
Outside his court when court was in secession
-visual issues came-up also
-his tempered judgment issues came-uptoo
-his a tempered judge and emotional during passing judgement
Day-5 16/4/2021 PHILIP MURGOR -Goldenberg scandal issue came-up to haunt him
-FORMER DPP,ADVOCATE -under murgor and murgor advocate representing central
SENIOR COUNCIL. bank
-his law firm represented central bank in the Goldenberg
Scandal in the justice SAMUEL BOSIRE inquiry at K.I.C.C
-MURUATETU CASE ALSO CAME-UP [RAPE CASE]
-plotting to overthrow the GOVT of the day by then in 1982
Coup came-up to haunt him with 60 others not before the
Inquiry committee
-when he was a student of UNIVERSITY OF NAIROBI
-ANGLO LEASING SCANDAL ALSO ISSUE CAME –UP
-tom chomley case came-up[grandson of load delemere
-most of the issues came-up documented [Philip murgor ]
-MR.COHEN murder case vs ester wairimu came-up too
-the case of tom chomley murder case was reduced from
Step-by-step
1-murder
2-manslaughtor
3-self-defence
4-misteken identity ,5-tresspass
But the judge ruling shocked the WORLD
-IT WAS HELD-both mr njoya and mr olesesina they both
Crisscrossed the bullet ,has tom chomley was aiming at the dog
That was running towards him
-Through self defense
-what am trying to illustrate is
-MR.MARAGA, you must give judgment has per the evidence
Before you
-REMOVING A CHIEF JUSTICE IS A TALL ORDER
-court cartels/court brokers are there
-that is the views I hold ,but
-the case of tom chomley came-up several-times to haunt him
-how the case was broken into several stages-by-stages
 -and tom chomley felt very-very sorry and remorseful when he
Realized that mr.njoya has gone down by the bullet he fired
And he promised not to repeat the same mistake and he will
Correct himself in-life if is taken to a correctional centre
-and the decion was reserved in the court of appeal.
-subject to correction
-the future activities is informed by the past activities
-it’s a case of administration concern
-corruption is rife in the system
-my advice to the sitting president [Kenyatta ]
-we need a credible judiciary system
-1992 election petition came-up also
-KANU VS THE FORMIDABLE APPOSITION BY THEN [FORD]
-Goldenberg scandal that started in 1993 up to date no result/
No findings/no outcome.
-anglo leasing scandal under chris murungaru /david mwiraria
[finance minister by then ]
-grand regency scandal sale to now re named LAICO HOTEL
UNDER MINISTER OF LAND BY THEN mr amos kimunya [MP.
FOR KIPIPIRI]
-to me [Philip murgor] the tom chomley case against the two
Men mr njoya and mr.olesesina and the decision was reserved
In the court of appeal [the two men went-down by the bullet
That was fired by tom chomley under mistaken identity and
Mr.olesesina and mr njoya crisscrossed tom chomley bullet its
Still a matter of common upto date both locally and int’l and
Also the court ruling.
Day-6 17/4/2021 NDUMA NDERI MATHEW [NOT COVERED]
[employment court judge]
Day-7 18/4/2021 FRED NGATIA -he was admitted to the roll of advocate in 1980
[senior counsel] -41 years experience in the legal professional practice
-he held the law degree from the university of London school of
Economics [L.S.E], L.L.M.
-he represented E.C.K ,[electoral commission of Kenya]
During former retired judge from south Africa judge crigler
Commission.
-supreme court is the superior house regarding legal matters
-the harmony you see at the university of NAIROBI is a credit
To what I discussed with the senate committee during those
Days
-I went to private practice in the 1987
-in leadership we don’t need administrative skills ,you need
Four cardinal virtual
-I have represented the C.O.G [counsel of governors] on the
Division of revenue
-am not a lawyer of social media circle platform ,but am not
Victimizing those who are on that platform
-I cant see another a gender as profound as mr willy mutunga s
-there is a lot of delay in the justice system
-Anything in life is not a one man show
-kenya now need a chief justice of who has been consumer of
justice.
-access to justice should be qualitative and quantitative
-as a head of judiciary is a role of leadership role
-a chief justice one need to be a robust kind of leadership
-judiciary is not created for it self ,
-judiciary is created for the dependent for the service of Kenya
-for lack of a better word
-should the ruling of former C.J MR WILLY MUTUNGA
Regarding presidential election at the supreme court .
-muruatetu case death penalt such should not a rise again
[rape case]
-muruatetu case is a transformative case
-expeditious of dispensation of cases.
-I will be the C.J who will end backlogs of cases in the court
-in the U.S.A. there ws a lot of segregation[racial –barrier]
-cases should not take longer than one year
-cases should be concluded within the time frame work of one
year
-presidential petition should be reserved for the supreme court
-cases should be concluded within one year from the time of
Filing
-presidential petition should be preserved for the court
-[supreme court is the last house ,the upper abettor
-the upper house for redress legal matters
-am not gender driven ,a leader is a leader
I will not discriminate leadership at any level ,a C.J can be
A man or a woman .
-am looking for a legal mind who can fit any leadership role .
-muruatetu case was a case of misapplied under several
Section
a-sexual offenders
b-robbery with violence
-judiciary should operate separately visa-vi /executive/
Legislative/judiciary.
-some cases int’l expert and legal mind are involved eg tom
Chomley case/presidential petition cases .
-our court should not be restricted by court technicalities
-expeditious dispensation of justice should be applied equally
-I have trained myself to be a C.J of Kenya
-a am who I am because we are who we are
-he represented the president in the election petition [2013 /
2017]uhuru Kenyatta under jubilee GOVT
-there will be fear to some public that he will not act
Independently .
-he has one hand in state house and been aclose friend to the
President [the house in the hill]
-sometimes interpretation can go to any level
-but for any matter the president is entitle for any legal
Representation ,is a human being
-