BY SAM ALFAN.
The Judicial Service Commission (JSC) has answered Deputy President Rigathi Gachagua saying decisions made by a judge in the course of the discharge of judicial function cannot be questioned.
Gachagua promised to lodge a complaint against the presiding Judge of the Anti-Corruption Division of the High Court for alleged gross misconduct.
The judge had two years ago declared Sh200 million belonging to Gachagua, then Mathira MP as proceeds of crime and ordered him to forfeit the money to the state. The case was later withdrawn at the Court of Appeal and Gachagua allowed to take back his millions.
But in a statement, the JSC said judges act with utmost good faith and their decisions cannot be questioned except through judicial review or appeal.
The statement read by Chief Justice Martha Koome said 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.
Gachagua’s statement came amid attacks by William Ruto’s administration directed at the Judiciary claiming there exist corrupt judges used to overturn or stop his government project like Housing levy and NHIF deducations.
The judges employer said it was regrettable that the leadership of the Executive and legislature have threatened not to obey Court orders.
The commission added that 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.
“The declaration that they will no longer obey Court Orders and the subsequent actual defiance of the Orders granted by the Courts 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. The Judiciary and JSC cannot countenance this and will not be part of it,” says JSC.
The commission said it was it firm position 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. It is our assurance to all Kenyans that the JSC has continued to deal firmly with all allegations of corruption and misconduct presented to the Commission,” the CJ said.
“We also emphasise that a judge can be removed from office only on specific grounds, namely the inability to perform the functions of office arising from mental or physical incapacity; a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament; bankruptcy; incompetence; or gross misconduct or misbehaviour. Where any or some of these grounds are alleged, the concerned Judge is entitled to due process before an independent tribunal is appointed to inquire into the alleged grounds. Similarly, should the tribunal recommend removal, the Judge has the right to challenge the decision of the Tribunal through an appeal process to the Supreme Court,” says the commission.
She said the commission is aware that judges and judicial officers are entrusted with a significant responsibility to uphold the principles of justice and maintain the integrity of the judicial and legal system.
The Commission makes it clear, in the recruitment process that judges are expected to exhibit the highest standards of impartiality, fairness, and ethical behavior. They must remain unbiased and refrain from any actions or expressions that may compromise their objectivity.
“They must display a demeanor that commands respect and instill public confidence in the office of a judge. As such, all judges in Kenya are no strangers to the fact that transparency, diligence, and a commitment to upholding the rule of law are paramount in guiding the proper conduct of their duties and fostering public trust in the legal system they represent,” says the commission.
