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| David Maraga | |
|---|---|
| Name | David Maraga |
| Birth date | 1951 |
| Birth place | Homa Bay County, Kenya |
| Occupation | Jurist, Judge |
| Known for | Chief Justice of Kenya (2016–2021) |
David Maraga David Maraga is a Kenyan jurist who served as the Chief Justice and President of the Supreme Court of Kenya from 2016 to 2021, presiding over landmark decisions and institutional reforms. He rose from provincial magistracy to the apex court, engaging with constitutional litigation, electoral petitions, and administrative law matters that intersected with national politics, the National Assembly, and the Executive. Maraga's tenure drew comparisons across African judiciaries such as the Constitutional Court of South Africa and the Supreme Court of Nigeria, and involved interactions with international bodies including the East African Court of Justice and the African Commission on Human and Peoples' Rights.
Maraga was born in Homa Bay County in the former Nyanza Province and completed primary and secondary schooling amid regional figures like Tom Mboya and Jaramogi Oginga Odinga, in an environment influenced by postcolonial leaders and institutions such as the University of Nairobi and Makerere University. He pursued tertiary legal education at the University of Nairobi where alumni networks included judges from the Court of Appeal and the High Court, and undertook professional training at the Kenya School of Law alongside contemporaries who later served in the Judiciary, the Law Society of Kenya, and in ministries such as the Attorney General's Office. Further judicial education linked him to comparative programs at institutions like the International Development Law Organization, the Commonwealth Secretariat, and the Judicial Service Commission.
Maraga's judicial career began in the magistracy, advancing through positions in the High Court, the Court of Appeal, and culminating in appointment to the Supreme Court, engaging with bodies such as the Judicial Service Commission, the Law Society of Kenya, and the International Bar Association. His roles intersected with constitutional instruments like the Constitution of Kenya (2010), statutes including the Elections Act and the Public Procurement Act, and commissions such as the Independent Electoral and Boundaries Commission and the Truth, Justice and Reconciliation Commission. Throughout his career he adjudicated matters involving public agencies like the Kenya Revenue Authority, the Central Bank of Kenya, and parastatals including the Kenya Ports Authority, often alongside litigants represented by chambers active in the East Africa region and counsels trained at institutions such as the Nairobi High Court library and the International Criminal Court clinic.
As Chief Justice and President of the Supreme Court, Maraga presided over constitutional review, judicial administration, and high-profile electoral petitions involving the Independent Electoral and Boundaries Commission, the Jubilee Party, the Orange Democratic Movement, and figures from the Office of the President and the Cabinet. His administration engaged with the Judicial Service Commission, the Law Society of Kenya, the Kenya Bar Association, and donor partners such as the United Nations Development Programme, the African Development Bank, and the World Bank on judicial reform, court infrastructure, and access to justice initiatives. Maraga's leadership involved institutional interactions with Parliament, the National Assembly committees, the Senate, and commissions like the Ethics and Anti-Corruption Commission and the Office of the Director of Public Prosecutions.
Maraga led the Supreme Court in the 2017 presidential election petition that annulled a presidential election result, a decision that cited constitutional provisions, the Elections Act, and comparative jurisprudence from the Constitutional Court of South Africa, the Supreme Court of India, and the East African Court of Justice. The court's opinions addressed standards of proof, the role of the Independent Electoral and Boundaries Commission, and remedies involving fresh polls, generating commentary from organizations such as the International Commission of Jurists, Amnesty International, and the International Bar Association. Other significant rulings under his tenure encompassed matters on devolution disputes with county governments like Nairobi County and Mombasa County, administrative law claims against the Office of the President and the Cabinet, human rights petitions invoking the Kenya Human Rights Commission and regional human rights instruments, and commercial disputes touching on the Kenya Revenue Authority and the Central Bank of Kenya.
After retiring, Maraga remained active in public discourse, engaging civil society organizations such as the Law Society of Kenya, Transparency International, and faith-based groups including the National Council of Churches of Kenya, while participating in conferences hosted by universities like Strathmore University, the University of Nairobi, and the African Leadership Centre. He has been involved in advisory roles relating to constitutional review commissions, electoral reform panels, and governance task forces set up by parliamentary committees and regional bodies like the East African Community and the African Union. Maraga's post-judicial commentary addressed issues before institutions such as the Judiciary, the Office of the Attorney General, the Independent Policing Oversight Authority, and international forums including the United Nations Human Rights Council.
Category:Kenyan judges Category:Chief justices Category:Living people Category:1951 births