President William Ruto has taken his war against the Judiciary a notch higher emphasizing his determination to confront perceived obstructions to his legacy.
In response to the Law Society of Kenya’s call for protests, Statehouse spokesman Hussein Mohammed, speaking on behalf of the president, dismissed the advice, stating, “The President has consistently championed upholding the rule of law and constitutional principles, with a particular emphasis on safeguarding the independence of the Judiciary.”
Mohammed continued to underscore the president’s commitment, pointing out, “This commitment has been evident through his unwavering respect for and compliance with recent court orders, notably those pertaining to the Government’s Affordable Housing Program.”
Moreover, he reminded the judiciary that President Ruto had been deliberate in his efforts to ensure independence when appointing six judges, rectifying past injustices.
“From the onset of his presidency, the President took deliberate measures to rectify past injustices by appointing judicial officers who, due to Executive impunity, had been unjustly denied their rightful appointments,” Mohammed stated.
He also addressed the challenges faced by the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) in fulfilling their constitutional mandates, citing frustrations within the criminal justice system.
“Corruption, whether within the Judiciary, the Executive or the Legislature and, indeed, among the general public must not find refuge behind the shield of judicial independence. It is our duty to expose and hold accountable those who engage in corrupt practices whoever they may be and wherever they are,” emphasized Mohammed.
The president’s statement came in the wake of Chief Justice Martha Koome’s strong-worded response, wherein she asserted the judiciary’s independence, saying, “The Judiciary is an independent and co-equal arm of government.”
She urged all judges and judicial officers to continue their duties without fear or favor, signaling a firm stand against external pressures.
In an internal memo addressed to judges and Judiciary staff, as reported by Citizen Digital, CJ Koome condemned these remarks, emphasizing their potential to interfere with ongoing court deliberations.
The Chief Justice urged judges and judicial staff to continue fulfilling their duties in accordance with the law and without succumbing to any undue influence, assuring them of the protection offered by the Judicial Service Commission (JSC).
She stressed the importance of proper channels for challenging court decisions and expressed concern over public attacks on judges handling cases still in progress, citing the sub judice imperative.
In her communication, Koome remarked, “My Office and the Judicial Service Commission have made it clear to the other arms of government and to the general public that the proper way to challenge a court decision, if one is dissatisfied, is to appeal or seek review in a higher court. Attacking judges and Judicial Officer who made a decision in the public undermine all the values of our Constitutional order.”
The Chief Justice further commented on allegations of corruption within the Judiciary, as raised by the Head of State, noting that such claims should be presented to the JSC rather than being discussed in public forums.
She pledged to engage with the Executive and the Legislature to obtain information on these corruption allegations and work towards addressing them.
“Declarations of corruption in public events and activities without corresponding procedural reporting mechanisms expose an institution such as the Judiciary to public suspicion and distrust,” warned Koome.
“This trend, if let to continue will break down the governance structures set up by the Constitution exposing Kenya to anarchism as opposed to democratic reverence and the rule of law.”
Subsequently, in her capacity as the Chairperson of the JSC, Chief Justice Koome released a separate public statement expressing ongoing concern over the vilification of judges who issue orders perceived as unfavorable by the government.
Emphasizing the constitutional equality of the Judiciary and the Executive, she reassured that judges would continue to carry out their mandates without fear or favor.
“The JSC assures all Kenyans that any allegations or complaints of misconduct or corruption by any judge or judicial officer will be dealt with firmly and swiftly in accordance with the Constitution.”
“The JSC has a proven record of taking action against any judicial officer who is found to have breached the Judicial Code of Conduct and Ethics or engaged in corrupt practices,” stated the JSC boss, highlighting the commitment to maintaining the integrity of the judicial system.
