How Citizen TV Reporter's Wordplay Earned Backlash From Judiciary
The Judiciary is therefore asking Citizen TV and its editorial management to retract the misleading statement and set the record straight as duly advised
Marvin Chege 
The Judiciary, on Tuesday, July 4 slammed a report aired by Citizen TV claiming it redeemed itself following a High Court ruling that declared President William Ruto’s appointment of 50 Chief Administrative Secretaries (CASs) unconstitutional.
In a statement from its Directorate of Public Affairs and Communications, the Chief Justice Martha Koome-led arm of government complained that one of its journalists, in the 9 pm news bulletin, had reported that the judiciary swore the 50 CAS who were barred from assuming office and earning salaries officially.
"The Judiciary's attention has been drawn to a misleading story aired on Citizen TV's Monday Night Report on July 3, at 9 pm. In the news item, the reporter alleges that the Judiciary had redeemed itself following a judgment delivered by a three-judge bench of the High Court regarding the appointment of Chief Administrative Secretaries (CASS).
An image of the newly-launched Citizen TV studios in August 2022. /CITIZEN DIGITAL
"The reporter goes on to claim that the Judiciary swore in the CASS which is false. The reporter said, "The Judiciary long accused of aiding and abetting Executive impunity by participating in the swearing-in of the CASS whose offices have now been declared unconstitutional has redeemed itself for this judgment."," read the statement in part.
The Judiciary went on to term the reporter's act of wordplay as grossly misleading and meant to discredit the Judiciary whose duty is to determine cases as per the law and the Constitution and is not in the business of redeeming itself from any situation whatsoever.
The statement came even after the Judiciary issued a statement on March 25, 2023, in response to comments by the National Coordinator of the Institute for Social Accountability Diana Gichengo, claiming that the Judiciary presided over the swearing-in of the CASs while the matter was pending in court.
"At the time, the Judiciary explained that it has no role in the swearing-in of Chief Administrative Secretaries.
"Similarly, the Judiciary does not play any role in the swearing-in of Cabinet Secretaries and Principal Secretaries. As such, no official of the Judiciary was sent to State House to swear in the 50 Chief Administrative Secretaries," added the statement.
The Judiciary is therefore asking Citizen TV and its editorial management to retract the misleading statement and set the record straight as duly advised, further reaffirming its commitment to upholding the rule of law and the Constitution.
Citizen TV's report came in the wake of the High Court's three-judge bench consisting of Justices Kanyi Kimondo, Hedwing Ong’udi and Visram Alnashir nullifying the CAS positions, terming them unconstitutional.
Justice Ong'udi ruled that there was no public participation regarding the appointment of the additional 27 CASs, though there was public participation before the appointment of CASs but only limited to 23 CASs and not 50 as appointed by Ruto.
A day after the ruling, Azimio la Umoja leader, Raila Odinga, praised the High Court for exercising its mandate without fear or favour, but urged the media to report correctly, apparently sparing President Ruto from being tormented by the Fourth Estate by terming the ruling as a blow to him.
“We think that the court has acted correctly in doing what is right. The media must get it correct because they are saying the court has done Ruto a blow. The court has just upheld the law, what the Constitution says. They have interpreted it correctly.
“This is what we talk about the decision of power and responsibilities, parliament makes laws, the executive implements those laws, and if there is a dispute the courts interpret those laws in terms of the constitution, that is their responsibility so they have done their work properly in our view," he spoke during a media briefing at the SKM Command Centre in Karen.
President Ruto's Kenya Kwanza coalition will however challenge the High Court decision nullifying the 50 CAS positions, with former nominated MP Wilson Sossion, citing the judgement by the Employment and Labour Relations Court which ruled that the creation of the CAS position was constitutional, a judgement that would be used while challenging the verdict.
"A solid judgement at the Employment and Labour Relations Court declared the positions constitutional. So we are in a strange situation where we have contradictory judgements from courts of equal jurisdiction," Sossion stated.
"The Employment and Labour Relations Court found the positions constitutional and the advertisement also constitutional and gave the green light," he added.
From left: High Court Justices Kanyi Kimondo, Hedwing Ong’udi and Visram Alnashir. /ZAKHEEM RAJAN
