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House Majority Leader Kimani Ichung'wah/FILE

NATIONAL NEWS

Ichung’wah urges CJ Koome to deal with JSC complaints against judicial officers first

ITEN, Kenya, Jan 14 – National Assembly Majority leader Kimani Ichung’wah has urged Chief Justice Martha Koome to deal with complaints against judicial officers currently before the Judicial Service Commission (JSC) as a first step towards addressing the vice.

Speaking in Iten following a church service attended by President William Ruto Sunday, Ichung’wah emphasized that it is only after this is done that Kenyans can bring in other complaints.

“I want to ask the Chief Justice, you have hundreds of complaints and petitions and you have done nothing as JSC to deal with them.Before you ask us as leaders to bring more complaints deal with those before the JSC and Ombudsman,” he said.

The Kikuyu Member of Parliament emphasized that it is only after this is done that Kenyans can bring in other petitions and memorandums to stem out corrupt judges.

The National Assembly Majority Leader pointed out that Koome has not dismissed the corruption allegation within the third arm of government which he linked to a vice that is deeply rooted.

 “I am  happy because the Chief Justice did not deny that corruption is in Judiciary. Corruption and impunity is rife in Judiciary,” he stated.

The third-time lawmaker urged President Ruto to stand firm in defending government projects that have been shot down by the courts.

“I want to ask all of us not to shy or cow from speaking about impunity and corruption within Judiciary.We agree with the Opposition on independence of Judiciary but it doesn’t mean we condone graft,” Ichungwa noted.

Koome responded to growing criticism against judges amid attacks by President Ruto who has accused some judges of corruption.

In a veiled reference to the Head of State, Koome who spoke on Friday during the handing over ceremony of Chief Registrar of Judiciary Anne Amadi, the Chief Justice challenged those aggrieved to lodge formal complaints against judges.

“The commission will only act on the basis of evidence and not blanket statements or allegations that have not been substantiated. Doing otherwise will mean an overthrow of the Constitution and the rule of law,” said Koome.

Senate Majority Leader Aaron Cheruyoit defended the ongoing accusations against the Judiciary saying attacks on rogue judges doesn’t amount to intimidation or infringement to the independence of Judiciary.

“The President didn’t say we fight with the Judiciary, he said we fight with rogue individuals. I therefore don’t understand these people making noise. They are making noise because they know they are rogue and that’s not intimidation,” he said.

Defence Cabinet Secretary Aden Duale castigated CJ Koome for failing to admit corruption has riddled the arm of government compared to her predecessors who have raised the flag on graft within the corridors of justice.

 “Her predecessor did better because they confessed there’s corruption in Judiciary but shes unable to do that. Her only message is use this route,” Duale stated.

Duale implored the President to remain firm saying Judiciary has previously been an arsenal used by cartels to impede critical government projects including reforms in pension fund and National health insurance kitty.

 “President Ruto be consistent, they want you to leave it and run away like your predecessors. All action show you stood for the independence of Judiciary. Many cases were brought and you said lets the rule of law take its shape,” he noted.

President Ruto has repeatedly accused state officers who have benefitted from the previous regime of working to sabotage key policies in his government.

His attacks on the judiciary, particularly a section of judges in the High Court, came after the Constitutional Court dealt a blow to the housing programme after declaring the Housing Levy unconstitutional for being discriminatory.

The judges ruled that Section 84 of the Finance Act, which amended the Employment Act to introduce the Housing Levy in violation to the principles of taxation for making distinction between formal and informal sectors, thus creating unequal and inequitable principles.

The High Court also slammed the brakes on the implementation and enforcement of the Social Health Insurance Fund Act 2023, the Primary Health Care Act 2023 and the Digital Health Act 2023.

The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) obtained court orders stopping the government from the planned rollout of the universal health coverage after contesting key provisions in the three Acts.

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