By Rédaction Africa Links 24 with LINDWE DANFLOW
Published on 2024-01-20 09:20:26
The International Commission of Jurists Kenya has expressed concern over the potential meeting between Chief Justice Martha Koome and President William Ruto, following recent attacks on the Judiciary. ICJ Chairperson Protas Saende emphasized the importance of the Judiciary maintaining its independence, especially in matters related to the administration of justice. Saende cautioned against discussions that may compromise the Judiciary’s autonomy and usurp the disciplinary mandate of the Judicial Service Commission (JSC).
Saende pointed out that the Constitution has established the JSC to handle complaints against the workings of judges, judicial officers, kadhis, and judicial staff. He stressed that any concerns or complaints from the Executive should be properly registered with the JSC rather than publicly aired in rallies, which can cast doubt on the integrity of the Judiciary.
The recent unsubstantiated remarks made by the Deputy President against a judge, followed by the withdrawal of a petition without presenting evidence, have raised serious concerns about the Executive’s intentions, according to Saende. He emphasized that the damage caused to the judge’s reputation indicates a lack of commitment to fair and unbiased discourse.
Saende also highlighted the contradiction between recent attacks from the Executive and Legislature and previous promises to uphold the Judiciary’s independence. He underscored the principle that the Judiciary, as an equal arm of the government, should not be subjected to intimidation or forced into private discussions that lack transparency.
Any dialogue between the Executive and Judiciary should adhere to the principle of separation of powers, transparency, accountability, and the promotion of Kenya’s democracy, the rule of law, and other national values and principles of governance as outlined in the Constitution of Kenya, according to Saende.
In conclusion, the ICJ Kenya reaffirmed its commitment to defending the rule of law and the independence of the Judiciary and emphasized the importance of conducting discussions about its operations in a manner that upholds constitutional values.
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