The Executive Council of the Kenya Magistrates and Judges Association (KMJA) has responded to statements made by President William Ruto about the Judiciary.
In a statement on Wednesday, January 3, the judges criticized Ruto for purportedly giving government officials directions to disobey Court orders.
Additionally, KMJA slammed Ruto for alleging that the Courts are corrupt, adding that the government will not allow judicial tyranny and judicial impunity.
“Though the President alleged that they were going to respect judicial independence, by insinuating that the Court Orders are a manifestation of judicial tyranny and impunity is in itself an interference with judicial independence,’ read the statement in parts.
The judges said the country has in the past witnessed real threats, interference and attempts to manipulate the courts to interfere with the independence of the Judiciary.
Further, KMJA argued that Ruto’s remarks were aimed at ridiculing and painting the Judiciary negatively in the eyes of the public.
“Where the decisions of the Courts are not respected, the rule of law is betrayed, and anarchy prevails. Judges and Judicial Officers cannot work freely with such threats especially when made by no other than the President himself,” stated KMJA.
Judges Advise to Ruto
Further, the judges explained that attacking the Judiciary for carrying out its mandate is an abuse of the Constitution and the people of Kenya.
According to KMJA, Ruto should exercise the right to appeal when he is not satisfied with the decision made by the court as directed by the Constitution.
Alternatively, the judges said the President can approach Parliament to put in place laws that are in tandem with our Constitutional values and principles.
“By disobeying the Court Orders the President is disobeying the very Constitution which he swore to protect and uphold by trampling upon the independence of the Judiciary,” added KMJA.
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Separation of Powers
Notably, the Association urged Ruto to acknowledge that the Judiciary is an independent arm of government, separate from the Executive and Legislative arms.
KMJA emphasized that the separation of powers is enshrined in the Constitution and is fundamental to the functioning of Kenya’s democracy.
Furthermore, the judges said Article 159 (2) of the Constitution establishes the principles of judicial authority, affirming that the Judiciary shall be guided by the ideals of justice, including access to justice, fairness, equality, and equity.
According to KMJA, these principles are essential in ensuring that the Judiciary exercises its authority in a transparent, unbiased manner that serves the best interests of the people of Kenya.
“We must therefore reiterate that the president having been given the trust of leadership remain faithful to the call of Article 131 (2)(a) of the Constitution of Kenya to respect, uphold and safeguard the Constitution,” said KMJA.
Also Read: LSK Fires Back at Ruto Over Remarks on Court Cases Against Govt
Lawyers join in condemning Ruto
On their part, lawyers through the Law Society of Kenya (LSK) vowed to lead countrywide protests against the sustained offensive by the President.
Represented by LSK President Eric Theuri, the body urged its members to come out in numbers and participate in protests as a sign of defending Judiciary’s independence.
“The Law Society of Kenya will call its members to a countrywide peaceful purple ribbon protest march next week to affirm our oath publicly to defend the constitution, rule of law & the independence of the Judiciary,” Theuri announced.
