The Judicial Service Commission (JSC) revealed its discontent on Wednesday regarding comments made by Kenyan President William Ruto about the judiciary’s operations. A statement issued by Chairperson of the JSC and Chief Justice Martha Koome expressed apprehension about judges facing criticism for perceived opposition to state programs.
The Commission wishes to draw the attention of State and Public Officers to the fact that the Constitution places positive duties on the State to ensure respect for the law and adherence to the law by providing citizens with effective mechanisms for resolving disputes between them and the State. Where a citizen obtains a court order against the State and that court order is deliberately ignored or disobeyed by State officials, the right of access to justice is undermined because it fatally attacks the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal duties enforced.
While emphasizing the judiciary’s independence, as promised under Article 160(1) of the Constitution, the Commission – which functions as per Article 172(1) – vowed to investigate all allegations of misconduct or corruption against judges or other judicial officers.
Chief Justice Koome, in a memo to judicial officers seen by independent news outlet Nation, expressed concerns about the rule of law being compromised due to defiance of court orders by state officials. She called upon the judiciary to enforce all court orders and advised stakeholders to uphold the rule of law.
President Ruto on Tuesday stated that his government would not adhere to court rulings, accusing the judiciary of accepting bribes and attempting to sabotage the government. His remarks attracted backlash from citizens, politicians, judicial officers and civic society organizations alike.
Organizations, including the Kenya Human Rights Commission (KHRC), Muslims for Human Rights (MUHURI), and Social Justice Center Working Group (SJCWG), jointly criticized the president’s remarks, stressing the importance of upholding the rule of law and observing the doctrine of separation of powers. These organizations demanded an apology from Ruto and an end to attacks on the judiciary.
The Law Society of Kenya warned Ruto against such expressions, recommending he use legal methods to challenge unfavorable decisions, rather than undercutting the rule of law. Plans to protest against developments undermining the rule of law in the country were announced by the Vice-President of the Law Society of Kenya, symbolized by wearing purple ribbons.
Despite criticism, President Ruto persisted with his claims and defended his position on social media in response to criticisms mounted by top lawyers in the country.