Judiciary hits back at Executive's 'onslaught'

The Judiciary has launched a counteroffensive against President William Ruto's administration, accusing it of blatant disregard for court orders and waging a "monumental assault" on the Judiciary.

Ruto's recent pronouncements, vowing to defy specific court decisions, and Deputy President Rigathi Gachagua's attempt to oust a judge over a past ruling, have ignited an escalating war of words between the Executive and the Judiciary.

At a press conference Monday, Chief Justice Martha Koome, chair of the Judicial Service Commission, condemned the "extremely serious" threats against judicial independence, warning they endanger national stability and could plunge Kenya into "chaos and anarchy".

"These declarations are untenable and amount to contempt of court," the Chief Justice declared, emphasising the ethical responsibility of judges to uphold the trust of the people. "If allowed to continue, we are on the precipice of a constitutional crisis."

Koome specified several controversial court rulings that have drawn Ruto's ire, including those halting key government projects like the housing levy, privatisation plans, and the social health initiative. She affirmed the Judiciary's duty to review and, if necessary, halt actions deemed unconstitutional.

"A judge's decisions are not to be questioned through public pronouncements or defiance," Koome stated, further asserting the independence of the Judiciary from political pressure.

She addressed Gachagua's accusations against Justice Esther Maina, outlining the rigorous due process for removing judges for misconduct and emphasising that no formal complaint has been lodged with the JSC.

The CJ further stressed the importance of transparency, diligence and commitment to upholding the rule of law in guiding the conduct of judicial duties. She reiterated the need for judges to maintain a high ethical standard to foster public trust in the legal system.

The JSC Chair also expressed the commission's commitment to addressing corruption within the Judiciary.

"It is the JSC’s firm position that corruption or misconduct of any kind in the Judiciary is addressed with utmost priority."

Koome concluded by extending an olive branch to the Executive, offering an open dialogue to resolve any grievances.

"The Judiciary and JSC cannot countenance this and will not be part of it," she said. "However, we remain open to engagement and dialogue with the Executive."