ICJ Kenya cautions Koome against talks with Ruto
The International Commission of Jurists (ICJ) Kenya on Saturday weighed in on the calls for talks between the Judiciary and the Executive.
The International Commission of Jurists (ICJ) Kenya on Saturday weighed in on the calls for talks between the Judiciary and the Executive.
While responding to the recent public spat over the rulings on government policies, he cautioned the Judiciary against participating in "discussions that may compromise its autonomy in the administration of justice."
He said that if the two arms of government proceed with the talks, then they must abide by the rule of law.
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"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 under Article 10 of the Constitution of Kenya," Saende said.
He castigated Deputy President Rigathi Gachagua for alleging that Justice Esther Maina is a corrupt judiciary official, casting doubt that the talks may not be in good faith.
"The recent unsubstantiated remarks by the Deputy President against 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," he added.
The ICJ Kenya chair warned that the Judiciary must not be subjected to intimidation or forced into private discussions. He further warned the politicians against airing their issues with the Judiciary in public rallies.
"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," Saende said.
He raised concerns over what he termed as the president's departure from his promise of upholding the Judiciary's independence.
"The Executive, led by the President in 2022, praised the Judiciary for its well-reasoned decisions and vowed to uphold its independence... However, recent events have made ICJ cast a shadow over that commitment noting the wanton attacks from the Executive and the Legislature following suit signal a troubling departure from the promises made," he said.
He told the Executive to follow the rule of law in handling issues against the Judicial officers.
"The Constitution of Kenya has established JSC to handle complaints against the workings of the Judges, Judicial Officers, Kadhis and Judicial Staff. 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," Saende said.
The two arms of the government have been at loggerheads following the recent rulings by the Judiciary, with President William Ruto accusing some judicial officials of working corruptly with his opponents to try to derail some key government policies.
In response, Chief Justice Martha Koome, who is also the chairperson of the Judicial Service Commission, (JSC), said the commission wants a meeting with President Ruto to discuss the issues he has been raising concerning alleged corruption in the judiciary.
Ruto welcomed the talks, saying they should involve himself, CJ Koome and the speakers of the National Assembly and Senate.
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