Angry Maraga Lashes Out To The Executive To Keep Off Judiciary Affairs!
Nov. 05, 2019
Cabinet Secretary for National Treasury, Ukur Yatani
The Chief Justice David Maraga has lashed at the Executive accusing some of its organs of trying to muzzle the Judiciary by reducing its budget.
In a press briefing on Monday morning in Nairobi, Maraga accused the acting Cabinet Secretary for National Treasury, Ukur Yatani, of overstepping his mandate by trying to control the budget of the Judiciary.
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"The Cabinet Secretary for Finance has no control over the Judiciary budget," said CJ Maraga.
He said that the law stipulates that the National Treasury must deposit the funds meant for the Judiciary at the Judiciary Fund after parliamentary approval.
The CJ was categorical that the need for autonomy accords Judiciary special treatment in which its budget cannot be micro-managed by the Executive.
He attributed the special treatment to democratic system which requires the three arms of government to be at par in exercising authority.
Chief Justice David Maraga
He said in democratic states, Constitutional Power is constrained power; that that no single arm of the government is authorised to exercise to lord over the other power equally and each has to stick to its lane.
"None of the three arms of government should control another," he said.
After being silent on the debate about the Judiciary budget cuts, Maraga came out in a tell-it-all press briefing and blamed the cash crisis on the cases being handled in courts touching on some people serving in government.
He said that such individuals are out to cripple courts but the Judiciary would remain unmoved.
"In some decisions the Judiciary makes, they are bound to clash with [the interest of] some officials in government. It is for this reason that some officials in government are crippling the Judiciary by starving it of funds."
While referring to the budgetary allocation for the Judiciary, CJ Maraga said that in the 2013/2014 fiscal year, they received Sh17 billion, or 0.99 of the entire national budgets, terming it as their highest ever.
The Judiciary boss decried the stalling operations at the courts which he said were inevitable as there was no alternative solution.
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