Chief Justice David Maraga has defended judges against claims some of them have been captured by Opposition or the government.
He said on Thursday that judges only issue orders on the basis of the arguments raised before the court.
Maraga said that during the election period, courts ruled against both the government and the Opposition, adding that the situation has not changed.
“If you go back to before we had the election, we ruled case based on the evidence… matters go to different divisions..,” he said.
He said this is the reasons most cases are dealt with by the same judges. “It is not true that any judges have been captured.”
His remarks came after the Interior CS Fred Matiang’i said judges have formed an ‘evil clique’ that the government will deal with.
“Matiang’i referred to an issue that is alive in court and I would not want to comment on that. The courts deal with matters as they come…,” Maraga said.
He said judges can make mistakes while issuing their rulings adding that this is the reason there is a chance of appealing the rulings.
“…they (judges) can make mistakes in the orders but there are some other channels like the Court of Appeal where the aggrieved can go to,” he said.
“If a party is unhappy with a decision, then they can appeal the case at a higher court. There is no question of the court being controlled by litigants. It cant be.”
Maraga spoke to journalists after attending the East African Conference on matters judiciary.
On Wednesday, Raila rebuked Matiang’i for going against the spirit and purpose of his unity agreement with President Uhuru Kenyatta.
The Nasa principal condemned the minister for “highly irresponsible and reckless statements” against the Judiciary.
He said the Interior Cabinet Secretary’s behaviour exhibited impunity.
Matiang’i, who appeared before the National Assembly Security committee on Tuesday, said the government would deal with ‘errant’ judges.
The CS was with PS Karanja Kibicho, Immigration PS Gordon Kihalangwa and IG Joseph Boinnet.
They had been summoned to explain the chaos that surrounded the return of lawyer Miguna.