NAIROBI, Kenya, Aug 15 — Chief Justice Martha Koome has hit back at President William Ruto’s criticism of anticipatory bail, warning the Executive against undermining judicial independence through public attacks on judges.
Speaking at the Law Society of Kenya Annual Conference in Kwale on Thursday, Koome said grievances with court decisions — even by the government — must be addressed through lawful appeals or reviews, not through “defiance or vilification” of judicial officers.
“No one has the right to choose which court orders to obey and which to ignore,” Koome said.
“Judicial independence is not a privilege for judges; it is a safeguard for all citizens.”
Her remarks came a day after Ruto, speaking at the Devolution Conference in Homa Bay, accused the judiciary of “innovations” that promote corruption, citing anticipatory bail as a tool for shielding suspects from arrest and prosecution.
“Somebody who has stolen public funds and then goes to the court and gets something called anticipatory bail makes it impossible for such a person to be arrested and prosecuted endlessly,” Ruto said on Wednesday.
“How does that support the fight against corruption?”
Koome defended the use of anticipatory bail as part of the courts’ role in safeguarding constitutional rights.
The Chief Justice noted that the Judiciary had in the past year issued numerous habeas corpus orders to protect individuals from unlawful detention and prioritised the release of minors arrested during protests.
Threats
She cautioned against threatening rhetoric against judges terming it a “grave affront to the rule of law” reminiscent of an era when court authority was routinely undermined.
“Kenyans rejected that in 2010,” she said.
The Chief Justice also reaffirmed her zero-tolerance stance on corruption in the justice sector and called on the Bar to join in defending judicial independence against “undue influence, intimidation, or threats.”
Speaking at the conference, LSK President Faith Odhiambo, mounted a fierce defence of anticipatory bail, calling it a “historically embedded” legal principle rooted in both Kenyan and Commonwealth jurisprudence, and affirmed by the Supreme Court of India.
“The high standard required for the grant of anticipatory bail [is] well documented and provides sufficient safeguard against potential abuse,” she said.
“Anticipatory bail [is] neither a Kenyan innovation granted on whims, nor does it amount to judicial endorsement of crime.”
Odhiambo dismissed claims that the measure undermines anti-graft efforts, saying law and evidence, not “political sensationalism,” guides the judiciary and as such it must remain free from threats or coercion from the other arms of government.
