Kenyans Warned On Attacking Supreme Court On Social Media

The Judiciary has advised Kenyans to stop attacking the Supreme Court of Kenya on social media, a week after it delivered its verdict regarding the Presidential petition.

In the statement signed by the Directorate of Public Affairs and Communication on Monday, September 12, the Judiciary learnt that the attacks targeting the seven-judge bench on social media were being funded by political channels among other persons of interest.

It defended the unanimous ruling by Chief Justice Martha Koome by affirming that the court carried out its mandate as per the Constitution of Kenya.

"The Judiciary's attention has been drawn to a recent wave of sponsored sustained attack targeting the Supreme Court of Kenya.

Supreme Court judges that heard presidential election petitions. /CITIZEN DIGITAL

"The Supreme Court was established under Article 163(1) of the Constitution 2010 and given original exclusive jurisdiction to hear and determine disputes relating to the elections to the office of the President. The Court has therefore only done its work pursuant to the provisions of the Constitution," the statement read in part.

"The persons sponsoring and executing the attacks on social media to disparage the Court are advised to desist forthwith."

The statement went on to accuse some individuals of accusing the judges individually of taking sides in the petition which was filed by former Prime Minister, Raila Odinga, which sought to invalidate president-elect, William Ruto's victory.

It maintained that the apex court would release a detailed ruling 21 days after the short version was released to the media and members of the public.

The Judiciary then restated that none of the judges has written a letter of resignation as claimed in some media reports.

"It is further noted that the court is yet to render its reasoned judgment which will outline the basis on which the election of the President-elect was upheld. There is a legal provision of 21 days following the reading of the short version of the judgment to do so. Kenyans are therefore requested to exercise patience as they await the full judgment which will shed light and provide clarity on the grounds and rationale of the Court.

"Meanwhile, no Judge of the Supreme Court has written a resignation letter, as claimed in a section of media, because there is no reason to do so. The Court is working in harmony as a cohesive unit," it added.

The Judiciary also noted that the judges are independent and greatly respect each other as one and that a unanimous ruling is made by the court, not by the individual.

"Further, there has been an unfortunate trend of isolating individual judges and attributing the judgment to them. The Court has seven judges who are independent and highly respectful of each other as equals. A ‘UNANIMOUS' judgment is a collective decision made by the Court and not by an individual," the statement continued.

Orengo's Harsh Remarks On Supreme Court Verdict

Siaya Governor, James Orengo, became the latest to hit out at the seven judges, specifically focusing on Chief Justice Martha Koome, as he termed the verdict as a shame to the Judiciary.

While speaking at a burial on Sunday, September 11, the governor, who is a close ally of Raila Odinga, claimed that the seven-judge bench had made a political judgement at a time when the country needed an objective verdict.

"Chief Justice Koome you have brought shame to the Judiciary by rendering a judgment that in the eyes of the ordinary people who fought for you to make sure a Chief Justice can have independence. You have brought shame to the people of the Republic of Kenya!” he claimed. 

The Siaya governor further accused the apex court of having sinister motives in the ruling which threw away all nine issues that were raised by the Azimio la Umoja legal team. He also took fault with the nature of the words used during the ruling.

"The person who wrote that judgment has done a great injustice to the rule of law. I respect the court, and I have practised law for a very long time. A lot of the judges in the Supreme Court are my juniors."

“Judges speak in words that are measured so that even the loser in a court of law feels like justice has been done. Not even a baraza presided by a Chief would use the kind of language that was used at the Supreme Court. Shame to you judges!” he noted.