BY SAM ALFAN.
Chief Justice Martha Koome has urged the judges and magistrates to continue discharging their duties without fear and in accordance with their oath of office, amid attacks from President William Ruto directed at the Judiciary.
The CJ, who is also the chairperson of the Judicial Service Commission (JSC) urged the judicial staff and other officers to remain true to the constitution by discharging their mandate in accordance with the constitution and the law.
Justice Koome said judges and magistrates will not be directed or controlled by any person or authority.
“I urge Kenyans to remain vigilant to safeguard the hard-won of our constitution including that of Judicial Independence and the rule of law. These are sacrosanct promises of our constitution. They are gains for which Kenyans died, lost property and limbs to have it. Therefore they must remain our true North, Always,” said Chief Justice.
The Judiciary boss reiterated that JSC is ready to process any complaint against any judge and judicial officer who is implicated in corruption or any other acts of misconduct.
She, however, said such complaints must be lodged and processed in a manner prescribed by the constitution. Koome said the JSC will only act on the basis of evidence and not on blanket statement or allegations that have not been substantiated.
“Doing otherwise, will mean to overthrow the constitution and the rule of law. That the commission will not do.,” said the CJ.
Chief Justice Koome was speaking during the handover ceremony of the outgoing Chief Registrar of Judiciary (CRJ) Anne Amadi.
The CJ’s statement comes amid ongoing onslaught by Ruto, who has accused unnamed ‘corrupt judges’ of stopping projects initiated by the government.
President William Ruto has on several occasions alleged that judges are bribed to stop key government projects like Housing levy and implementation of new health fund.
In the past two weeks, President Ruto has been locked in a row with the judiciary, threatening to disobey court orders restricting his flagship policies and accusing judges of corruption.
President said some unnamed judges are working with the people who has been benefiting with corruption to delay key government projects like a housing fund and universal healthcare initiatives.
Ruto’s attacks on the Judiciary has, however, been condemned by Kenya Magistrates and Judges Association, Law Society of Kenya, Commonwealth Lawyers Association and politicians among others.
The associations said expressed concerns about the attacks on Judiciary’s independence.
CMJA, Commonwealth Legal Education Association (CLEA) and Commonwealth Lawyers Association (CLA) warned that a democratic state based on the rule of law cannot exist or function if the government and other state authorities ignore their constitutional obligations and fail to abide by court orders.
“We urge the government of Kenya to respect the authority and independence of the judiciary and ensure that court decisions are respected and complied with and that due process is followed in line with the Kenya’s constitution and its international obligations regarding any investigation of judicial officers for alleged corruption,” the associations said in the statement.
“If the State, an organ of State, or a State official does not abide by Court orders, democracy will be gravely undermined. By virtue of its membership, Kenya is committed to the shared fundamental values and principles of the Commonwealth, at the core of which are the belief in, and adherence to, democratic principles including respect for the authority of an independent and impartial judiciary,” said the associations.
They added that any measure on the part of the state authorities which is seen as eroding the authority and independence of the judiciary, is a matter of serious concern.
“Whilst we recognise that there should be checks and balances in the relationship between the three organs of state, the CMJA, CLA and CLEA emphasise that any process of investigation must be founded in well-established principles of procedural and other fairness and must be transparent and open and must not be motivated by political or other inappropriate considerations, ” said in their statement.
