CJ Koome Pressures Ruto To Submit Evidence Against Judiciary

Chief Justice (CJ) Martha Koome has revealed that the Judicial Service Commission (JSC) is prepared to handle complaints against corrupt judicial officers and judges in response to accusations by President William Ruto that the Judiciary was harbouring rogue elements.

Speaking on Friday, January 12 during the handing-over ceremony by the outgoing Chief Registrar Anne Amadi, the CJ affirmed that the Judiciary was against all forms of corruption.

In a veiled reference to the Head of State, Koome urged those aggrieved by the actions of the Judiciary to lodge formal complaints against judges, terming the public humiliation of judges as unacceptable.

“I reiterate the stance by the Judicial Service Commission that we are ready to process any complaints against any judge or judicial officer who is implicated in corruption or any acts of misconduct and state we abhor corruption in all its formats be it bribery which is indeed a crime,” said Koome.

CJ Koome affirmed that the days when judicial officers and judges were kicked out of office through name-calling and shaming were part of history and that the JSC was ready to take action on the complaints after examining the evidence submitted.

She insisted that the Judiciary will not be coerced in any way while giving directives on matters.

 “The Judicial Service Commission which is the body mandated by the constitution to deal with matters of complaints will only act on the basis of evidence and not on blanket statements and allegations that have not been substantiated. Doing otherwise will mean that we will be overthrowing the constitution,” CJ Koome added.

"Let us never take law into our hands. We all must remain faithful to the constitution which is our true North."

Article 172 of the Constitution tasks the JSC with the mandate to “receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary.

Notably, Koome's sentiments echo those of Busia Senator, Okiya Omtatah, who challenged President Ruto to table evidence of claims that the Judiciary harboured officers who were acting against their true mandate, alleging that the President possessed more intelligence channels and sources that are not accessible to ordinary mwananchi.

"His Excellency the President has a right under the law to be heard, and he also has the right to protest just as he has done, and he has access to intelligence, which other Kenyans and I don’t have.

"I look him straight in the eye and challenge him to table the evidence of bribe-taking against any judge or bribe-giving he has against any litigant and let the chips fall where they may," he stated during a presser on Friday, January 5.

President Ruto has repeatedly accused state and judicial officers loyal to the previous regime of working to sabotage key policies in his government.

His attacks on the judiciary, particularly a section of judges in the High Court, came after the Constitutional Court dealt a blow to the housing programme after declaring the Housing Levy unconstitutional for being discriminatory.

The Head of State insisted corruption in the Judiciary will not impede government efforts to afford Kenyans employment, affordable houses and universal healthcare.

The verbal attacks drew the wrath of among others, the Law Society of Kenya (LSK) whose members staged protests outside the Supreme Court on Friday.

Kalonzo Musyoka joins LSK members protesting outside the Supreme Court on January 12, 2024. /VIRAL TEA KE

The march in the Nairobi CBD was attended by Kalonzo Musyoka, Eugene Wamalwa and Kivutha Kibwana who warned the president against threatening judges handling cases of taxes and levies which they term as punitive.

“This cannot be just accepted. So Chief Justice Martha Koome and your team, as LSK, we stand in solidarity. We are not here to ask you to issue any favourable orders but to do the right thing under the law…If this country is not under the rule of law it can only mean we are under the jungle law,” said Musyoka.