This reminds me of past experiences in my village when fencing one's property was not common.
There was always at least one neighbour who would ever so carefully each season encroach on the other side and steal more land/soil. If confronted why they did it, they would just protest " ati ni makosa ja jembe, na shida kakuna" . The piece of land they incrementally took over was so tiny that people never wanted to get into a fight. However, over about five years period "unapata mpaka ya shamba nikama S-shaped instead of a straight line.
Those who engage in encroachment do it knowing they will get away with it. On the other hand, for the target of the silly game, the sleight of hand of the grabber is a bit of an irritant. Both men and women did this and it was always hard to confront a grandmother !
Back to the President and our Chief justice, it looks like Uhuru the person not the President and CIC of Armed Forces, enjoys getting under the CJ's skin. He knows most people will wonder why Maraga " analeta hasira miingi kwaa hii manenos kidogo" and mis-understanding according AG Kihara.
Uhuru's actions are an irritant to Maraga which the CJ is finding really hard to contain inside him.