BY SAM ALFAN.
Chief Justice Martha Koome has decried the rampant political attacks directed at the Judiciary, saying it was harming the independence of the courts.
The CJ said Judges and the Judiciary often face public vilification and condemnation by political leaders and leaders of the other arms of government when courts make decisions that are unfavourable to their interests.
“Related is the problem of attacks by external private groups and interests. In today’s age of social media, there is an emerging problem of interest and pressure groups exerting immense pressure on courts to deliver preferred outcomes,” says CJ Koome.
She added that unfortunately, judges do not communicate the way politicians do at funerals, religious services and weddings.
“We communicate through our judgments. We are trying to set up a communications department that can continuously let Kenyans know what the Supreme Court does,” added CJ.
The judiciary boss added that frequently, the groups applaud judicial independence only when judicial decisions align with their expectations.
“However, when courts rule in favour of government positions even where the law dictates so, they are often quick to question the Judiciary’s independence,” she said.
While defending Supreme Court decision in Finance Act, 2023, the CJ said the Supreme Court has now endorsed a principle that amendments that do not arise from public participation need to be subjected to fresh round of public participation.
“This makes Kenya, the second jurisdiction in the world, after South Africa to recognize this requirement,” added the CJ.
CJ adds that the court allowed the appeal only because the amendments in question in the case were incorporating proposals from the original round of public participation.
Hence, the Supreme Court has advanced the principle of public participation and not watered it down as being claimed by critics.
