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Milimani Law Courts, Nairobi /CFM

Kenya

Stop intimidating judges, ICJ tells NIS

NAIROBI, Kenya Oct 25-The International Commission of Jurists (ICJ) has raised alarm on the alleged action by the National Intelligence Service (NIS) deployed to threaten, intimidate, and harass Judges and Judicial Officers, either during adjudication or after delivery of their decision.

Speaking during a press briefing on Monday, the ICJ Chairman Kelvin Mogeni said they have received anonymous complaints, that staff closely associated with spy agency have been threatening judges especially when they make decisions that are perceived to be unfavorable to the government.

“Judicial independence is critical to maintaining the integrity of the Judiciary. Judges must feel free to fairly evaluate the matters before them based on the evidence presented and the relevant law, secure from external pressures,” Mogeni stated.

Mogeni said that the allegation of harassment by NIS cannot be ignored, saying judges and judicial officers have a right and a duty to decide cases before them, free from fear of reprisals or intimidation.

“These allegations of interference contravene the normative frameworks and principles espoused in the international, regional, and constitutional safeguards that guarantee judicial independence and, in particular, decisional independence,” he said.

ICJ has urged the National Intelligence Service to take the complaint seriously, saying it may have tomseek intervention of the relevant authorities to investigate and prosecute those involved.

“These persons abusing their privileged positions in public office through covert means to intimidate Judges and Judicial Officers should be prosecuted,” the ICJ chairman said.

On the same note, the body of Jurists has welcomed the judgement by the court directing the appointment of the remaining six out of 40 judges which the spy agency.

“It is our considered view and regrettable that the Executive would require a court order to compel and direct that it undertakes its constitutionally mandated role. Further, we observe with concern that the various Judges and Magistrates whom the President refused to swear in have continued to discharge their duties with dignity and professionalism,” said Mogeni.

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On October 21, High Court justices William Musyoka, James Wakiaga and George Dulu said Chief Justice Martha Koome in conjunction with the Judicial Service Commission shall be at liberty to take all necessary steps to swear in the six judges if President Kenyatta fails to play his part.

The six judges include Aggrey Muchelule, George Odunga, Weldon Korir and Joel Ngugi, who were to serve in the Appellate court.

 

 

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