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7 Sept 2017

International Judges Issue Warning Statement To President Uhuru Kenyatta Over Attack On Maraga.

The Conference of Constitutional Jurisdictions of Africa (CCJA) has issued a statement after President Uhuru Kenyatta's attack on Chief Justice David Maraga and the Judiciary over the nullification of his re-election.

In a statement from CCAJ Chair Justice Mogoeng Mogoeng,the Judges expressed deep concerns about the remarks made by President Kenyatta about Justice Maraga and other colleagues in the Kenyan Judiciary.

His Excellency the President is reported to have said that Kenya has a problem with its Judiciary that must be fixed, asked who even elected you and said six people have decided that they will go against the will of the people.

"He allegedly went so far as to label the Chief Justice and his colleagues as wakora or  Mr Mogoeng, who is the Chief Justice of the Republic of South Africa stated.

Justice Mogoeng further noted that the widely televised and publicized remarks were most unfortunate, ill-advised and disturbing because of their potentially inciteful nature coming from the Head of State.

The South Africa CJ further noted that the remarks were uncalled for as they could put the lives of the judges in danger.

"The remarks could be intimidating but could also expose the Kenyan Judiciary to danger. They inadvertently project Judges as enemies of the will of the people who must be fixed" he stated.

The Conference noted that they were in full support of the Chief Justice and the Kenyan Judiciary for their commitment to uphold their oath of office which requires of them to act in terms of the Constitution and the law and without fear, favour and prejudice.

"We celebrate their ethical conduct, unquestionable commitment to judicial independence and urge them never to betray their obligation to ensure that Kenya continues to function as a constitutional as opposed to a presidential democracy."

"They have discharged their constitutional mandate in the most exemplary way and should not only be commended but also emulated," Mogoeng statement read.

CCJA was established to contribute to the realisation of the continental dream of ensuring that all elections are peaceful, free and fair, and that constitutionalism, human rights, the rule of law and judicial independence are promoted and observed.

President Kenyatta has been facing criticism for attacking the Judiciary specifically the Supreme Court judges for nullifying his re-election where he vowed to fix the judiciary if re-elected.

"Before the Supreme Court ruling, I was the president-elect, but Maraga and his team have declared the election as null and void...I am the incumbent President with full powers. Maraga should know he is dealing with a sitting President." he stated.

Over the weekend, the Kenya Magistrate and Judges Association condemned the Head of State's attacks and threats to the Supreme Court and Justice Maraga.

In a statement, the Association warned the political class against personal profiling of Judicial officers who engaged in the Supreme Court verdict that nullified Kenyatta's win.
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