Attacks on judiciary are a recipe for chaos and anarchy, w*rns CJ Koome
Chief Justice Martha Koome has warned the executive against sustained attacks on the judiciary, saying the onslaught poses a threat to societal order.
Speaking during a press conference called by the Judicial Service Commission (JSC) on Monday, January 15, CJ Koome termed recent remarks by President William Ruto and high-ranking officials of the Kenya Kwanza administration on disobeying court orders as a serious assault on the constitution.
“It is regrettable that the leadership of the executive and legislature in their recent public declarations have threatened not to obey court orders. These threats and declarations are extremely serious and a monumental assault on the Constitution, the rule of law and the very stability of the nation and can lead to chaos and anarchy in our motherland,” Koome said.
The President of the Supreme Court of Kenya said that if the attacks are allowed to continue, they could lead to a constitutional crisis.
“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,” she added.
President Ruto recently revealed intentions to defy court orders halting key government projects, claiming that the judges had been compromised to sabotage the programmes.
The president took issue with the court's unfavourable rulings on the housing levy and healthcare laws, saying he would do everything within his power to ensure the projects succeed.
However, Koome faulted the head of state, emphasizing that the remarks amounted to harassment and intimidation of judicial officers.
"When judges are attacked publicly and they are hearing live matters, they feel intimidated, they feel harassed, they feel like they are being ordered to rule in a certain way. Actually, they get embarrassed. We have a principle in law called sub judice, when the matter is pending in court, in as much as possible, let us not discuss it in the public domain because the judges are not in that public domain," Koome stated.
"I would urge our politicians to stop discussing live matters in public to allow the judges and judicial officers to engage with the matters objectively and deal with those matters according to the evidence and according to the law."
According to the CJ, all complaints against magistrates and judges ought to be channelled through the JSC, to pave the way for proper investigations and a fair hearing.
“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," Koome added.
She revealed that in 2023 alone, JSC received 72 petitions and complaints against judges. 13 petitions were dismissed while four were admitted for hearing.
“Six judges were asked to respond to the petitions out of which, four petitions were admitted for hearing. Forty-nine are undergoing preliminary evaluation by the commission,” Koome disclosed adding that she was ready to receive petitions from aggrieved parties including Deputy President Rigathi Gachagua who yesterday vowed to petition for the removal of High Court Judge Esther Maina over alleged graft and misconduct.
