CJ Martha Koome Takes On Ruto Head-On Over Attacks On Judiciary

CJ Koome, who is the Supreme Court President, urged all judicial officers to continue performing their duties without favouritism.

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Jan 3, 2024 - 17:12 Updated: Jan 3, 2024 - 17:33
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CJ Martha Koome Takes On Ruto Head-On Over Attacks On Judiciary
Chief Justice Martha Koome looking at her laptop during a past court session. /FILE

Chief Justice Martha Koome has countered claims by President William Ruto and his allies that a section of judicial officers have been colluding with cartels to operate in contravention of their mandate.

In a stinging statement on Wednesday, January 3, CJ Koome, who is the Supreme Court President and chairs the Judicial Service Commission (JSC), urged all judicial officers to continue performing their duties without favouritism.

"The JSC has noted with concern that honourable Judges and Judicial Officers have been subjected to public criticism and vilification for issuing court orders that are perceived to be against State programmes and policies.

President William Ruto during the two-day National Executive Retreat at the Edge Convention Centre, South C, Nairobi on November 16, 2023 /PCS

"The JSC wishes to reaffirm the independence and integrity of the Judiciary as a co-equal arm of government, as enshrined in the Constitution and urges all Judges and Judicial Officers to continue performing their judicial duties without fear or favour. The Judiciary should live up to the constitutional edict, in Article 160(1), that safeguards the exercise of judicial authority," the statement read in part.

Koome noted to State and Public Officers that the Constitution places positive duties on the State to ensure respect for the law and adherence to the law by providing citizens with effective mechanisms for resolving disputes between themselves and between them and the State.

"Where a citizen obtains a court order against the State and that court order is deliberately ignored or disobeyed by State officials, the right of access to justice is undermined because it fatally attacks the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal duties enforced," she added.

Drawing on the country's history, CJ Koome highlighted the Judiciary's careful and consistent reforms, aiming to rebuild trust with the people of Kenya while standing guard in defence of the Constitution.

She emphasized the role of the JSC in promoting and facilitating the independence and accountability of the Judiciary, as mandated by Article 172(1) of the Constitution.

The JSC plays a critical role in upholding judicial transparency, crucial for maintaining stability and the democratic character of Kenya.

CJ Koome further emphasized that ignoring or disobeying court orders undermines the right of access to justice, eroding the effectiveness of the legal system relied upon by ordinary citizens to enforce their rights and legal duties.

"The JSC has a proven record of taking action against any judicial officer who is found to have breached the Judicial Code of Conduct and Ethics or engaged in corrupt practices," the chief justice assured.

"The JSC therefore encourages anyone with information on any act that threatens the integrity of judicial processes and outcomes to report any such cases to the JSC for determinate action."

On Tuesday, January 2, while speaking during the burial of Michael Waweru, father of Nyandarua Senator John Methu in Nyandarua, the President spent close to 12 minutes accusing unnamed judicial officers of blocking his transformative agenda for Kenya.

He claimed that a select few were misusing the powers of the courts to preserve the status quo and impede inclusive growth, condemning what he termed was "judicial impunity by corrupt judicial officers."

"Our Judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya. We will stop it, whatever it takes. The Judiciary must submit itself to the constitution and to the people of Kenya," the President committed.

Since then, the Law Society of Kenya (LSK) has announced protests against President Ruto's remarks slated for next week.

Demonstrators carry placards during a peaceful demo held by lawyers, Muslim religious leaders and human rights activists over the abduction of lawyers and terror suspects outside the Supreme Court building, Nairobi on November 10, 2021. /THE STAR

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