” Duale is setting a bad precedent and it is not good for our democracy”

Aden Duale addressing crowd in Garissa during a unity meeting. PHOTO/ Courtesy

NAIROBI—The Majority Leader in the National Assembly Aden Duale has confirmed on Saturday that he will introduce a motion on the floor of the assembly next year to discuss the conduct of a high court judge.

The announcement came a day after the newly nominated Chief Justice David Maraga blasted Duale for intimidating  Judge George Odunga. He was followed suit by the Law Society of Kenya who said the move sets a bad precedent in the country.

“And I want to tell one Judge Odunga, when we open on January 24, I will introduce a Motion to discuss you. We will expose you. You cannot be a member of the Bench and play tribal politics,” Duale said.

CJ Maraga condemned “the public lynching of Judges who are merely performing their constitutional duties.”

“The Judiciary and the Judges will continue to discharge their constitutional mandate independently, fairly, impartially and firmly as guided by the Constitution,” Maraga said in a press statement.

The CJ called on the Judges to dispense their duties without shying away from controversies arising from disputes anchored on constitutional matters.

“We will not be intimidated and blackmailed, either as individual judges or institution,”Maraga protested, drawing a battle line between the Judiciary and the Legislative arm of the government.

Maraga said he believes in the principle of interdependence and collaboration with other arms of the government, “But only if it takes place within the framework of mutual respect, constitutionalism and responsible (leadership),” he added.

Duale responded that any citizen can petition the Judicial Service Commission to remove a judge with a questionable conduct.

He said he’s notified the speaker on his intention to discuss the conduct of the judge.

“As per Standing Order 87, I intend to give a notice of motion to discuss the conduct of Judge Odunga when the House resumed on January next,” the Garissa Township MP said.

Duale argued that the motion was good for the country, adding that he would not be intimidated by the Law Society of Kenya.

“I will not be intimidated by the Law Society of Kenya, the Chief Justice or the CORD principals into denying me the legislative powers given to me by the people of Kenya under article 94 of the constitution,” Duale said.

Law practitioners led by Makau Mutua condemned Duale’s statement. “Justice George Odunga is the prototype of the  perfect judge: impartial, independent, fearless, empathetic,”tweeted Makau Mutua.

“I hereby swear an affidavit that Judge Odunga is a judge of impeccable integrity,great legal mind, fair,honest & doesn’t play tribal justice,” Amednasir Abduallahi tweeted.