ICJ Kenya Warns Judiciary Against Holding Talks With Executive
ICJ Kenya has cautioned the Judiciary in Kenya against engaging in discussions with the Executive that might compromise its autonomy in the dispensation of justice.
In a communication endorsed by Protas Saende, the Chair of ICJ Kenya, the organization highlighted doubts about the sincerity behind the Judiciary’s invitation, emphasizing that it may not have been extended genuinely. Additionally, the statement asserted that the judiciary is independent and not subordinate to the Executive.
Saende suggests that conversations between the two branches of government should adhere to fundamental democratic principles.
“Any talks between the Executive and Judiciary must abide by the principle of separation of powers, transparency, accountability, and the furtherance of our democracy, the rule of law, and the other national values and principles of governance,” said Saende in the statement.
“While we acknowledge the interdependence of government arms on certain administrative matters, it is imperative to emphasize that the Judiciary must maintain its independence, especially in issues related to the administration of justice,” said Saende in the statement.
Saende made a similar argument, stating that the responsibility for addressing complaints regarding the performance and conduct of entities within the judicial system has been specifically designated to the Judicial Service Commission (JSC) rather than the Executive.
“Any concerns or complaints from the Executive should be duly registered with the JSC rather than aired in public rallies, casting aspersions on the Judiciary as a whole,” he said.
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He strongly criticized the Kenya Kwanza government for purportedly failing to uphold its commitment made during the campaign to provide the judiciary with the freedom to function autonomously.
“The Executive, led by the President in 2022, praised the Judiciary for its well-reasoned decisions and vowed to uphold its independence. The President’s words echoed the sentiment that court orders are not mere suggestions, but authoritative decisions meant to be followed,” he said.
“It was a promising commitment to the principles that underpin our democracy. However, recent events have cast a shadow over that commitment. The wanton attacks from the Executive and the Legislature following suit signal a troubling departure from the promises made.”
The chairperson of ICJ Kenya also criticized Deputy President Rigathi Gachagua for accusing Justice Esther Maina of being a corrupt official within the judiciary.
“The recent unsubstantiated remarks by the Deputy President against Her Ladyship Justice Esther Maina, followed by a withdrawal of a petition without presenting evidence, raises serious concerns about the Executive’s intentions,” he said.
“The damage caused to the judge’s reputation is significant, indicating a lack of commitment to fair and unbiased discourse. Considering the above, we are adamant that the invitation by the Executive may not be in good faith.”
ICJ Kenya Warns Judiciary Against Holding Talks With Executive
