During his interview, Justice Njagi Marete informed the panel that he belongs to a category of “extraordinary” human beings with high intuitive and personality traits, which make him the best candidate for the job. Brian Wasuna compiled some of the judge’s memorable answers
On his ability: The issue is not where you have been, the issue is are you able? I believe I am very able. Go to Chuka and look around, you will see what I have done. Even my coffee shamba boy will tell you this person is able. I have answered, how satisfactory the answer is, that is another question.
On his qualifications: It has been said very loudly and I know that I can mark myself 90 per cent. Kenyans have loudly said, that is the man. The man in the airwaves. I am not talking about radio, I am not talking about TV. If you feel the air around Kenya today, it is very, very clear. They have said that this is the man. Did you see the two reviews I had in the newspapers? That is what I presume is the voice of Kenya.
On Judiciary transformation: We are nine years down the line. We cannot go on transforming. We should have transformed.
Justice David Marete speaks on his health, why he personally employed his own driver
On Judiciary independence: We have come to learn that we are accountable and that accountability is part of our system and agenda. We cannot run away from accountability in the pretence of independence. We have an employer. This employer has invested in us and he must get results.
On mentorship: I mentor in the air. I am a living teacher. That is why you find me shouting all over. Wherever I sit I am teaching.
On his experience: In 1963, most of our Cabinet ministers were below 30, without experience. Mzee Kenyatta himself became President, and he had not been president before. To gauge me, look at my history in Sheria House. We have not been in these big offices because nobody gave us an opportunity. You cannot hang us for it. Go to Chuka, do I own a cow or two, and how do I feed them? And if that is not answering enough, learning does not take centuries.... a leader just sits there, and implements policy. A leader states policy and leaves. A manager is left to implement. You lead and others follow!
On TSC’s perception of Marete calling Justice Rika a friend and brother (Rika had ruled in Marete’s favour against TSC): We are equals. I have no enemies. It could be an issue if you are a simpleton. This is English we are speaking. Not the language of the people of Chuka. Even in the language of the people of Chuka, it would be the same.
Justice David Marete before the Judicial Service Commission on April 15, 2021, when he was interviewed for the position of Chief Justice.
Photo credit: Dennis Onsongo | Nation Media Group
On his theology diploma: There is some element of religion in everybody. Including African traditional religion, which I suspect is almost dead now with 130, 140 years of colonialism and post colonialism. Africa’s cultures and religions are almost dying. You must be able to separate and draw a distinction between the diploma in Theology and your religious faith and what you do. We were not called upon the Judiciary to come and preach.
On his personal record: I have my issues on this kind of report, 271 judgments in three years. I doubt its accuracy because on average, judge Marete at Kericho, he was the sole judge in the station, and on average he would do about 20 judgments. So how would the 20 judgments and rulings, on the lower side, how would 20x24x3 amount to 271 and 73. This is 300 or 350. I doubt that accuracy. Unless there were issues of not submitting accurate returns I would clearly state that that is not an accurate report of my performance. And if it is, I would apologize and leave office.
I'm a very simple man, when I become Chief Justice I will still not need security: Justice Marete
On driver: I am not able to deal with the police drivers in the sense that I have a rigid schedule. I am not a good driver… Mutunga left, that did not happen. I consulted the Chief Registrar Judiciary and we had issues and she told me what we are going to do is wait for an opportunity and an advert and get Mwangi to apply so that we can formalise that employment. Well, I was not convinced but that is not my area.
Still on driver: In fact Mwangi ultimately left in fury. In year four, he got tired and left. I got other people. Intermittently police drivers would come in. One lasted a day, another lasted a week. The best lasted about three months. And they get very impatient and take off. Reasons? I would not be able to tell. But that is my matter with a driver. From September 7, 2014 going to six years now I have not had a driver supplied to me by the Judiciary. I have paid my driver.
On personal aide: I cannot live alone whatsoever. We have a home in Chuka and in Nairobi. When you take me to Kericho, my spouse must accompany me. When I take any safari or any venture for the Judiciary which is out of my station, she must accompany me on medical grounds. Thank God, we will be Chief Justice in so little time and when we come to Nairobi we shall not require any of those issues because we shall be home… It was a justice issue. This lady must follow me, nobody is taking care of her. She has a home to take care of. She has her own interests, she has her own issues. Why won’t you compensate her as my employer? I am entitled to an aide. The only differential is that this aide is so, so specialised that she must be my spouse. Did I answer, or?
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On disability allowance: No, no, no. That one is an allowance which takes care of basics… I am not able to live alone. I require someone who must live with me. Minus that I will be dead in the next three days. So what happens? You’re moving them out of their jurisdiction, their home. So if you do, please take care of that because it is part of the employment contract.
On 2016/2017 request for security: When we left for Kericho we left our boy in the house. At the period of seeking security the young man decided to go solo. So we sought security here. But no security came to assist us at Ongata Rongai. So what I did was my public relations with my boy. And one year down the line the place was vacant, entirely! For one year nobody guarded it. I thank God for that, for the security which was divine. So the young man has gotten back. I would not require any security.
Still on security: If you look at my history I am not very fanciful of issues security. I can walk anywhere, even as Chief Justice. I have not offended anybody, I have not taken anything from anybody. If you throw a stone to me you can only be an aggressor. That is my theory of life. Simplicity is the hallmark of my life.
