The Commonwealth Magistrates’ and Judges’ Association (CMJA), Commonwealth Legal Education Association (CLEA) and the Commonwealth Lawyers Association (CLA) have called out President William Ruto over his remarks on the independence of the judiciary.
In a statement on Thursday, January 11, the Commonwealth lawyers asked the head of state to cease from attacking the independence of the judiciary adding that the government ought to respect the authority of the Judiciary.
Further, they asked that due process is followed in line with the Kenyan constitution and its international obligations regarding any investigation of judicial officers for alleged corruption.
“The CMJA, CLA and CLEA (the Associations) are deeply concerned about the recent attacks on the independence of the Judiciary in Kenya including by the President of Kenya.
“The attacks follow judgments made by the courts in litigation challenging government decisions. We urge the government of Kenya to respect the authority and independence of the judiciary and ensure that court decisions are respected,” the statement read in part.
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Why Ruto Should Adhere by the Commonwealth Values
According to the associations, when the government and other state authorities ignore their constitutional obligations, and fail to abide by court orders, a democratic state cannot exist.
By virtue of being a member of the Commonwealth, the associations indicated that it meant that Kenya was committed to the shared valued and principals of the 56 countries.
At the core of the beliefs, added the statement, was respect for the authority of an independent and impartial judiciary.
“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.
“Chapter I of the Commonwealth (Latimer House) Principles (2003) states that each Commonwealth country’s Parliaments, Executives and Judiciaries are the guarantors in their respective spheres of the rule of law, the promotion and protection of fundamental human rights based on the highest standards of honesty, probity and accountability,” added the statement.
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The statement came even as members of the Law Society of Kenya, joined by Wiper Party Leader Kalonzo Musyoka, began protests against remarks made by President William Ruto concerning the decisions made by the judiciary.
Ruto’s Recent Remarks on Corruption in the Judiciary
Earlier on Tuesday, January 9, the head of state reiterated that he must end corruption in the judiciary as it is interrupting development plans in the country.
Also, Ruto stated that the independence of the judiciary should not mean that it is too important to be questioned, while still noting that his administration respects the judiciary and its independence.
“We are going to make sure that all of us respect the sovereignty of the people of Kenya. We must deal firmly, and decisively with corruption in the judiciary, I mean it and we are going to deal firmly and decisively to root out corruption in the judiciary.
“Nobody should tell us that the independence of the judiciary will be used to deny the people of Kenya their rights. Nobody should tell us the independence of the judiciary also means that the judiciary is holy or sacrosanct. It is still subject to the people of Kenya,” he stated.
