CJ Koome Stands Firm, Defends Judiciary Against Claims Of Capture By Executive
Chief Justice Martha Koome has taken a stand to justify the Judiciary in the face of corruption allegations from the Executive.
The Chief Justice (CJ) asserted that the Judiciary maintains its independence while carrying out its duty of dispensing justice. This statement came in response to a continuous barrage of criticisms from the Executive, particularly President William Ruto, who accused certain judges of corruption without specifying their names.
The Chief Justice urged leaders of diplomatic missions and development partners to act as advocates in promoting increased respect for the Judiciary, seeking their support.
“Today we meet at a time when the whole country has been talking about judicial independence and of course, the discussion has not been pleasant because the Judiciary has been accused of being corrupt and we accept we are part of the society because you cannot talk about corruption in the Judiciary alone,” CJ Koome said.
The tension between the Executive and Judiciary originated from allegations made by the Executive, asserting that certain judicial officials are being influenced with bribes to issue rulings against government initiatives.
“Who is bringing corruption to the judiciary? Why are we allowing our people to be so vulnerable to feel like they must give a bribe for their case to proceed? Who is this asking for a bribe? Why do we have a mechanism of investigating, of prosecuting and we are not prosecuting these cases of corruption? We are ready as a Judiciary to open ourselves for this introspection and to see who is failing in their duty and who is taking bribes,” she noted.
The Chief Justice underscored the Judiciary’s dedication to upholding the constitutional concept of a Judiciary that operates independently. Additionally, they highlighted that only a Judiciary with independence can protect the rule of law and contribute to the stability of the state.
“I want to take this opportunity to reassure our partners and Kenyans that we the Judiciary will remain independent, we will live up to the ideals of decisional autonomy as protected in the Constitution,” she said.
The Chief Justice’s claim regarding the autonomy of the Judiciary is made in the context of her encounter with President Ruto, a meeting that has stirred discussion. Legal professionals and the opposition have raised concerns and are questioning the underlying purpose of the meeting.
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“Even when we open up ourselves to dialogue, one thing we will not open ourselves to is our decision-making independence. We will never discuss the merit of a case that will be determined by the judge based on evidence, the law, and their understanding of whatever has been presented to the court…and if the decision turns out to be erroneous and not acceptable to any party they should appeal to the Court of Appeal,” Koome said.
She stated that the Judiciary is dedicated to eliminating the problem of corruption, which has impeded the country’s progress. She has extended an invitation to the EACC to perform a comprehensive audit of the Judiciary’s operations.
To minimize the occurrence of bribery requests, the Judiciary has upgraded its processes through increased automation, aiming to decrease human involvement in registry procedures. The goal is to implement the e-filing system across all courts nationwide by March 2024.
“I urge heads of mission and development partners to be our ambassadors by advocating for the respect of institutional independence,” she said.
The Chief Justice urged development partners and heads of mission to assist in safeguarding the Judiciary against institutional breakdown and erosion of public confidence.
Regarding the increase in gender-based violence, the Chief Justice mentioned that the Judiciary is addressing femicide incidents by introducing trauma-informed Specialized Gender-Based Violence (SGBV) and children’s courts nationwide.
CJ Koome Stands Firm, Defends Judiciary Against Claims Of Capture By Executive