NAIROBI, Kenya, Mar 24 – Kenyan human rights defenders have accused the country’s judiciary of facilitating executive impunity.
They include Inuka Ni Sisi Ltd., Transparency International Kenya, the Institute for Social Accountability, the Constitution and Reform Education Consortium, and Siasa Place.
Others are Inform Action, Muslims for Human Rights, Haki Yetu Organization, CSO Network, Kenya Human Rights Commission, Midrift Human Rights Network, Defenders Coalition, Centre for Enhancing Democracy and Good Governance, and Mazingira Institute.
The group blamed Chief Justice Martha Koome for presiding over the swearing-in of the 50 Chief Administrative Secretaries (CAS) despite an active court case.
“The case, challenging the appointments of CAS, was due for a mention today at 9.00am. The Judiciary has had numerous opportunities to stop these illegal appointments, but failed to act,” the group said in a press statement.
“Instead, the Judiciary by this stroke, is responsible for aiding and abetting impunity. This action undermines the rule of law, and increases the public wage bill, even as Kenyans reel under an economic crisis.”
Yesterday, Constitutional and Human Rights Division Justice Hedwig Ong’undi declined to issue any order on the CAS appointments at the Milimani Court.
Instead, Justice Ong’undi stated that the request had been passed by events.
“When Eliud Matindi and others challenged the CAS appointments, the courts denied them conservatory orders to protect the constitution,” they added in the statement.
“Instead, the court fixed the case for mention (not hearing) today at 9:00am. Yet by sunrise, the same Judiciary had sent a top official to swear in the 50 illegal CAS at State House. These actions by the Judiciary are akin to a wild goose chase!”
This comes after President William Ruto on Thursday (yesterday) swore in the CASs at State House, Nairobi.
“By refusing to issue conservatory orders and giving dates so far into the future, the Kenyan Judiciary is facilitating Executive impunity,” it added.
“Amidst signs of an imperial presidency, the Kenyan Judiciary has abandoned its job of protecting Kenyans from impunity and violation of the Constitution of Kenya.”
