Judiciary is not the darling of Kenyans by chance

The Judiciary is not a gym equipment for politicians to use as a punching bag. Last week, five High Court judges explained to Kenyans like they’re two-year-olds why the Building Bridges Initiative (BBI) Bill should’ve spent more time in the kitchen than in public rallies.

While it was expected that there would be murmurs of discontent among BBI trumpeters, it came as a surprise when they emerged with hammers and tongs, asking the judges to come out of the courtroom as they only wanted to talk.

When Kenyans overwhelmingly voted for the Constitution in 2010, they did so fully aware that it was the most effective vaccine against the political class that had run this country like a pandemic since independence.

We celebrated the promulgation like we had won the World Cup, because we finally found a vaccine against executive hysteria, runny mouth, and seeing political ghosts in the wrong places. We asked for a new constitution because we wanted the Chief Justice to be appointed by an independent commission, unlike previously when the President would run the Judiciary like a personal marathon.

Swearing-in of judges might look the same as watering flowers picked by someone else, but the President is on record to have supported the 2010 Constitution that gave birth to the independence of the Judiciary. We have no record that he was baptised in a shallow pool and born again after 2010, to make him start frowning at his own rules that he swore to abide by.

Appointment of judges

There are a lot of bad things politicians have done to make them lose the trust of Kenyans. They watched as the police beat up Kenyans stuck in traffic because of bad roads, laughed with the Minister for Health when he said Afya House is a cartel’s paradise, and watched as our Covid-19 equipment was eaten by fat cats in skinny jeans. They are jealous at the solidarity ordinary Kenyans are giving the Judiciary, because no judge made it to the list of Covid millionaires nor recorded themselves enjoying sweetness while the police were brutalising Kenyans. If the Kenya Revenue Authority (KRA) doesn’t kill our politicians with taxes, jealousy against the Judiciary certainly will.

The Holy Book advises us not to be jealous against our friends, as jealousy is more toxic than the current relationship between the Jubilee and UDA parties. For a long time, fashion experts have made us believe that those wearing traditional sisal on their heads are the ones supposed to be jealous of those in imported designer suits – but if you live in Kenya nothing shocks you any more.

When our athletes win us medals and bring us glory, the politicians are always first to run to their social media pages to shower them with praise. They have never been jealous that our athletes are more highly rated than they are. If they have successfully managed to tame their jealousy against the popularity of our athletes , they certainly can also keep the name of the Judiciary out of their runny mouths.

The Judiciary did not become the darling of Kenyans by chance. They have worked for their popularity, and contrary to accusations; have been respectful to the President. If they weren’t nice to the President they wouldn’t have been on their knees begging him to appoint the 40 judges of the High Court and Court of Appeal. Instead they would’ve already bought arms and declared war on the Executive.

Politicians in this country must be reminded that Kenyans didn’t die for them to hang around the Judiciary looking at judges with bad eyes. Health experts might have encouraged Kenyans to exercise during the Covid-19 pandemic, but nowhere did they list the judiciary as one of the places they can go to release pent up anger. There are ninety-nine things the government can flex its muscles on, but the Judiciary is certainly not one of them.

The writer comments on social issues