NAIROBI, Kenya, Oct 29 – Chief Justice Martha Koome has expressed concern over the recent calls made by former Chief Justice Dr. Willy Mutunga encouraging judges to go on strike.
The CJ was responding to Mutunga’s statement suggesting he would soon petition court of appeal judges to down their tools over unsettled judicial appointments.
Mutunga said Thursday that a lobby group under his leadership will petition Court of Appeal judges to down their tools in solidarity with Justices Aggrey Muchelule, George Odunga, Weldon Korir and Joel Ngugi who were omitted from judicial appointments by President Uhuru Kenya despite having been cleared by the Judicial Service Commission (JSC) for appointment as superior court judges.
The former CJ termed the move by President Kenyatta as political and unjust since the JSC has the final verdict on the matter.
“To think that two years he hasn’t come up with the intelligence on the suitability of these judges and because of the President action the issue has been ethicized. Any Kenyan should not that one the issue ethinicized then it is not right. You can’t say a judge is unsuitable and not give reason, it should be given to JSC,” Mutunga said.
However, Koome in disapproval Friday said it was important for everyone to consider the implications of such incitement which she said threaten to disrupt access to justice for Kenyans.
“Notwithstanding the reasons for which that call was made, it is imperative that we all examine the implications of that regrettable incitement meant to disrupt access to justice for Kenyans,” she said.
Koome said Mutunga is still bound by the oath of office he took prior to serving as the country’s top judge to diligently serve the people and the country and to impartially do Justice in accordance with the Constitution, and the laws and customs of the Republic, without any fear, favor, bias, affection, ill-will, prejudice or any political, religious, or other influence.
“Though since retired, this solemn affirmation normatively transcends the life of every retired Chief Justice to secure, guide and protect the right of every Kenyan to access justice and indeed the substratum of the Constitution,” she stated.
The Chief Justice said that the consequences of calling for a judicial strike is very serious and could result to constitutional abuse.
She likened it to “calling for the suspension or dismemberment of the Constitution by excluding one arm of Government from the constitutional operations of our democratic state.”
The Chief Justice urged Judges to disregard Mutunga’s calls and focus on the progressive reforms that they have committed to pursue as part of wider efforts to reduce case backlog.
“So far, 700,000 cases worth billions of shillings and impacting millions of people and families are pending in the Judicial system. Clearing this backlog remains our top priority,” Koome added.
She said that every individual should find lesser damaging alternatives while trying to express their opinions on critical issues in a manner that won’t affect their obligations as a people to defend the country’s Constitution.
Koome further said that during his tenure, Mutunga was against any move by judges to go on strike.
“It is on record that while serving as Chairperson of the Judicial Service Commission, Dr. Mutunga disproved any action by Judges to down their tools when three Supreme Court Judges were indicted with allegations to down their tools,” she stated.
“He did that by laying charges before the Judicial Service Commission calling for the removal of Justice Mohammed Ibrahim, Justice J.B Ojwang’ and Justice Njoki Ndung’u, a position he maintained even in Court,” she added.
Koome further said that although the aforementioned Judges have since been cleared of the allegations by the High Court, it is expected that the Office of the Chief Justice and the Judicial Service Commission would take such action as an affront to the Code of Conduct that all Judges and Judicial Officers have sworn to uphold.
“It is therefore regrettable that Dr. Mutunga has called for abscondment of duty by the Judiciary which in effect, will affect the operations of the entire justice sector,” she added.
Koome said that she had personally expressed her disapproval to the former CJ and reminded Kenyans that her major obligation is to defend the constitution.
The Chief Justice called on Mutunga to support the judiciary which he had transitioned from the difficult dictatorial days by strengthening its capacity to continue its provision of justice to Kenyans through constructive dialogue.
About The Author
