Chief Justice Martha Koome on Monday, January 15, assured that the Judiciary has proper mechanisms to conduct the process of investigating or removing rogue officials from office.
Speaking during a presser with members of the Judicial Service Commission (JSC), Koome said that the Judiciary would continue to deal with allegations and complaints of corruption as presented before it.
As such, the chief justice asked persons with complaints and concerns to file them before the Commission under the provisions of the law.
However, a firm Koome insisted that removal or any form of action against a judge implicated in corrupt dealings has to be guided by the provisions as specified in the constitution.
“We want to assure Kenyans that JSC has continued to deal firmly with all the allegations of corruption and misconduct presented to the commission,” Koome said in the presser.
“We also want to emphasize that to remove a judge from office, the provisions are specified in the Constitution. Where any or some of these grounds are alleged, the concerned judge is entitled to due process,” she added.
JSC Warns of Looming Crisis
In addition, Koome warned against continued remarks by leaders threatening to defy court rulings.
According to her, defiance would amount to contempt of the institution and a precursor to a crisis.
“The declaration that they will no longer obey court orders and the subsequent actual defiance of the orders granted by the courts amount to contempt of court and if this course is allowed to continue unabated, we are on the precipice of a constitutional crisis that can lead to untold civil strife,” she stated.
The Chief Justice also affirmed that every judge has a right to a fair hearing and a right to challenge any decision made by a tribunal.
Also Read: Ruto Under Fire as Judges & Lawyers Condemn His Attack on Judiciary
She reiterated that corruption or any case of misconduct of any kind in the Judiciary would be addressed with utmost priority, noting that the JSC was aware of the endemic nature of corruption in the government.
In her remarks, Koome cited the case of former High Court judge Said Juma Chitembwe who was removed from office after exhausting all avenues to appeal against the decision by a tribunal to remove him.
She also gave a breakdown of the cases, both pending and concluded, presented before JSC regarding the conduct of various judicial officers.
According to her, information about the progress of disciplinary cases is accessible to the nation.
Koome Seeks Appointment with Ruto
When asked whether the President or any other leader had filed a complaint, Koome said that the Commission had not received any threat and that plans were in place to schedule a consultative meeting with the Head of State.
Also Read: Koome Responds to Ruto’s Attacks Against the Judiciary
Her remarks came a day after Deputy President Rigathi Gachagua publicly mentioned Justice Esther Maina of the High Court, noting that he would file a complaint against her.
“On Thursday, this coming week at 2:15 p.m., I will personally present a petition before Lady Chief Justice Martha Koome against Justice Esther Maina for her removal from the Judiciary for misconduct and corruption,” Gachagua said while addressing a church congregation.
The remarks came on the back of a back and forth between the Judiciary and the executive, with the executive pointing accusing fingers at some officers it accused of sabotaging delivery of government’s agenda.
