Chief Justice (CJ) Martha Koome has responded to the statement by President William Ruto vowing to disobey court orders issued against the implementation of some government projects.
In a statement, Koome affirmed that the Constitution of Kenya 2010 reserved the independence of the Judiciary due to Kenya’s history of tyranny and dictatorship.
Further, the CJ stated that the Judiciary has undergone careful and consistent reforms and rebuilt trust with the people of Kenya by standing guard in defense of the Constitution.
“This provision signified freedom from control, oppression, and exploitation of the people using institutions established to protect their rights and freedoms,” said Koome.
She explained that the Judicial Service Commission (JSC) is mandated by Article 172(1) of the Constitution to promote and facilitate the independence and accountability of the Judiciary.
“The JSC was emboldened by the Constitution to protect this independence and uphold judicial transparency owing to its critical import to the stability and democratic character of our country.
Judges Attacked for Issuing Court Orders-Koome
JSC has therefore noted with concern that honorable Judges and Judicial Officers have been subjected to public criticism and vilification for issuing court orders that are perceived to be against State programmes and policies,” added Koome.
Koome reaffirmed the independence and integrity of the Judiciary as a co-equal arm of government as enshrined in the Constitution.
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Besides, she urged all Judges and Judicial Officers to continue performing their judicial duties without fear or favor.
Additionally, the CJ said the Constitution mandates State and Public Officers to ensure respect and adherence to the law by providing citizens with effective mechanisms for resolving disputes between themselves and between them and the State.
“Where a citizen obtains a court order against the State and that court order is deliberately ignored or disobeyed by State officials, the right of access to justice is undermined because it fatally attacks the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal duties enforced,” said the CJ.
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We Will Punish Corrupt Judges
Furthermore, she assured Kenyans that any allegations or complaints of misconduct or corruption by any Judge or Judicial Officer will be dealt with firmly in accordance with the Constitution.
Also, she urged individuals with information on any act that threatens the integrity of judicial processes and outcomes to report any such cases to the JSC for determinate action.
