CJ David Maraga to set new rules for corruption cases

Chief Justice David Maraga will soon publish strict regulations for both the High Court and magistrates' courts that preside over anti-corruption cases.

Justice Maraga said because of the public-interest nature of the cases, the rules will ensure that once people are charged with economic crimes, they are set for conferencing within two days and hearings commence on a daily basis without adjournment.

“I am already taking active steps in the reorganisation of the Anti-Corruption and Economic Crimes Division of the High Court and the Anti-Corruption courts presided over by the Magistrates,” said the CJ.

He said he is concerned that whenever the fight against corruption is mentioned in the country, leaders are quick to point an accusing finger at the Judiciary as the weakest link.

CREDIBLE INVESTIGATIONS

He said the war on corruption is not a judicial function but one that requires multi-faceted efforts, including credible and proper investigations by the police and the Ethics and Anti-Corruption Commission.

He said the war on corruption also requires proper prosecution and submission of evidence by the Director of Public Prosecutions for the courts to apply the law and issue punishment as provided for by the law when necessary.

“We cannot continue blaming each other at the expense of the taxpayers and our citizens, [whom] we swore the oath of office to serve,” said the CJ.

He made the remarks Monday in a speech read on his behalf by Deputy CJ Philomena Mwilu during the Mombasa Law Society's centennial celebrations of the legal fraternity (105 years) and judicial careers of retired judges John Mwera and Anyara Emukule.

The CJ said the fight against corruption is a struggle for the restoration of law and order and that the vice and impunity become widespread when disrespect for the law is allowed to thrive in society.

SHADY DEALS AND LAWYER FAME

“Disobedience for the law also thrives when people get away with all sorts of shady deals and if the court system is somehow influenced,” said Justice Maraga.

He told lawyers that there is a need to make courts functional, effective and trusted by the public and hence the need to have lawyers who take the ethics of the profession very seriously.

Justice Maraga said it is important to have lawyers who do not frustrate the course of justice, as they defend their clients with all legitimate means and resources.

“Kenya needs ethical lawyers who always keep the end of justice in mind and will never sacrifice the integrity of the legal system to cover the misdeeds of their clients, no matter how lucrative the brief may be,” added the CJ.

He said people are worried that in almost all cases of corruption and economic crimes, lawyers are at the centre of the corrupt dealings if not suspects themselves.

The CJ noted that it is sad that a lawyer can achieve fame because of his or her ability to manipulate and frustrate the legal system.