Jubilee MPs and senators are planning to trim the powers of the Judiciary over the Supreme Court’s ruling which annulled the victory of President Uhuru Kenyatta in the August 8 elections.
While the direct decision by Nyeri Town MP Ngunjiri Wambugu to file a petition seeking to kick out Chief Justice David Maraga may have caused discomfort among Jubilee leaders, the party’s lawmakers have vowed to take away the powers of the Supreme Court to overturn election outcomes of the presidential race.
The plan, legislators who are familiar with it say, will begin immediately they resume parliamentary sittings after the induction to familiarise new legislators with the rules of debate in the House, which will begin this Sunday.
Senate Majority Leader Kipchumba Murkomen confirmed the plot while moving the motion on debate of the presidential speech by stating that they will enact laws which will deny the Supreme Court powers to overturn presidential election verdicts.
“We shall pass laws to protect the decision of the voter to stop some institutions from making decisions that annul the decision of a voter,” he said.
The senator said the purpose of the law will be to protect the right of citizens where their sovereign right is robbed through legal technicalities.
“The law will clarify the foundations of our democracy because the decision of the Supreme Court is unacceptable,” he said in the second sitting of the House that was for the second time boycotted by members of the opposition.
Mr Murkomen further questioned the decision by the Judiciary to skip President Kenyatta’s address to the new Parliament, insisting the decision was an extension by the third arm of the government to aid the Nasa agenda.
“The failure by the Chief Justice David Maraga and his deputy was well-choreographed. It was agreed upon with Nasa to prove that Mr Kenyatta is not the president after rendering such serious decision that annulled our victory,” he said.
President Kenyatta and his deputy William Ruto have been critical of the Supreme Court decision and have publicly blamed Justice Maraga and four other judges for overturning their re-election.
Speaking in Nakuru on Wednesday, President Kenyatta said he had the right to get angry and bitter, given that his clear victory had been taken away from him by Justice Maraga and his court. He said he believes he won fairly on August 8.
“They stole my victory in broad daylight. The Supreme Court should have ordered a repeat count of the votes in an open ground like Kasarani Stadium,” he said, adding that it would be hypocritical of him to hide his feelings and bitterness at the court’s verdict.
He added: “It is true some of us were really pained, we were hurt. Just imagine someone snatching your victory from you just like that,” he said.
The President said the decision was a bitter pill for him to swallow, equating himself to someone whose cow had been stolen and after police recover it, deny him possession of the animal because he did not fill some form at the police station.
“I cannot lie to you that I was not happy with the decision by the Supreme Court led by Justice Maraga. I was very angry with Maraga and his court but that does not mean I have a problem with the Kisii community. It would have been better if they called for recount.”
The Nation was informed that Jubilee lawmakers, who enjoy a majority in both chambers, might move against Justice Maraga and Chief Registrar of Judiciary Anne Amadi through a petition they plan to introduce in the House.
“The plot is to frame the CJ and the registrar with non-existent charges then pass the resolution of the House to have them investigated by the Ethics and Anti- Corruption Commission not because the accusations are serious but to besmirch their character,” one source claimed.
The source, an MP, also said that the EACC will be used as a political sword because the schemers are fully aware that they cannot remove the CJ and the Judiciary registrar through the Judicial Service Commission. “They now want to smear them with false charges.”
Yesterday, Mr Wambugu filed a petition seeking the removal of Justice Maraga. Asked why now, he asked, “If not now, when?” The lawmaker accused Mr Maraga of orchestrating a regime change, “through judicial intervention, designed to subvert the authority of the people”.
In a 14-page petition, the Nyeri Town MP claimed the Judiciary has been held captive by a clique of NGOs, which were against President Kenyatta’s presidency since 2013. He said after failing to block President Kenyatta in 2013, including the case filed at the International Criminal Court, the NGOs, which now control the Judiciary, influenced the decision in which the Supreme Court nullified the outcome of the August 8 presidential election.
At Parliament Buildings, Nasa MPs led by Suba East lawmaker John Mbadi said the plan was ill-conceived, warning that it could be a recipe for anarchy in the country.
“We know these schemes by Jubilee sympathisers. It demonstrates the level of desperation they sank to but they should be careful because it is bound to be a recipe for chaos. The Judiciary is an independent arm of the government and must be respected. This is how revolutions are fomented,” said Mr Mbadi.
He continued: “If they go on, they will meet the wrath of the people. They should not think that because they have the numbers in Parliament, they can do anything to subvert the will of the people.”
The Kenya Magistrates and Judges Association, through Secretary-General Bryan Khaemba, said the plot was linked to the Supreme Court ruling and said it would stop at nothing in the defence of the independence of the Judiciary.