NAIROBI, Kenya, Jun 16 – Chief Justice Martha Koome has expressed concern over what she terms as threats by the executive and legislature to disregard court orders amidst the ongoing onslaught on the judiciary.
Koome who chairs the Judicial Service Commission (JSC) said Monday that the public declarations by the executive poses a danger to the country’s stability and the rule of law.
Speaking after she chaired the Commission’s first seating of the year, CJ Koome warned that the recent pronouncements from the highest levels of the government including President William Ruto including other senior officials can result in chaos.
President Ruto and his deputy Rigathi Gachagua have in recent weeks been locked in a row with the judiciary accusing some ‘corrupt’ judicial officers of sabotaging government agenda in their rulings.
“These threats and declarations are extremely serious and a monumental assault to the Constitution, rule of law and the very stability of the nation and can lead to chaos and anarchy in our motherland,” Koome said.
Furthermore, Koome noted that the declaration that they (Executive and legislature) will no longer obey orders issued by the courts and the subsequent actual defiance of granted orders “are untenable and amount to contempt of court.”
“Allowed to continue unabated, we are on the precipice of a constitutional crisis that can lead to untold civil strife.”
Koome reiterated that the decisions of a judge made in the course of the discharge of judicial function cannot be questioned except through review, judicial review or appeal.
The CJ further noted that a judge is “not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.”
She reaffirmed that the judiciary and JSC will not be drawn to the shouting matches with the executive maintaining that they will continue to execute their mandate without fear or favor.
The JSC Chair called on Kenyans to draw lessons from the country’s history and reflect about the future.
She appealed to every Kenyan to safeguard the country’s constitution even as she expressed the judiciary’s commitment to execute their mandate as is required of them to uphold the trust and confidence of the people.
“Our democracy is pegged on the strength of the checks and balances in our governance structure. The independence of the Judiciary from a fused Executive/Parliamentary coalition is more important than ever before,” Koome added.
CJ Koome assured Kenyans that the Commission is fully seized of its constitutional mandate including the responsibility to assure independence, accountability and transparency in the judicial service.
She added that the Commission is working round the clock to ensure that corruption or misconduct in the Judiciary is addressed with the utmost priority.
“We maintain that upholding integrity in the discharge of judicial duties is non-negotiable and in fact goes to the heart of the fundamental right of access to justice,” she said.
