Chief Justice Martha Koome has asked judges to ignore calls by former CJ Willy Mutunga to boycott work as a protest against the executive for ignoring court orders.
In a statement, Justice Koome termed the calls by Dr Mutunga as regrettable as it will affect the operations of the entire justice sector.
“I urge Judges to disregard this pernicious call and focus on the progressive reforms that we have committed to pursue, central to which is finding mechanisms to reduce case backlog,” Justice Koome said.
Last week, the former CJ urged judges to down their tools to compel the Executive to obey court orders and rule of law.
Dr Mutunga, who has previously accused the government of disobeying court orders, also announced his plans to head to Canada to accompany lawyer Mguna Miguna back him, saying his decision was a protest move against the government which he accused of infringing on the lawyer’s rights as a citizen of the country.
Justice Koome shot back saying the implications of calling for a judicial strike are far reaching. “It is in part, calling for the suspension or dismemberment of the Constitution by excluding one arm of Government from the constitutional operations of our democratic state,” she said.
Why former CJ Mutunga wants judges to down their tools
The CJ said while every person is entitled to intellectual or opinionative expression, where such expressions threaten the lives and livelihoods of millions of Kenyans, the people must find lesser damaging alternatives which are not at variance with our collective.
The CJ revealed that so far, 700,000 cases worth billions of shillings and impacting millions of people and families are pending in the judicial system. “Clearing this backlog remains our top priority,” she said.
Justice Koome, who took office in June after succeeding Justice David Maraga who retired, said Dr Mutunga is on record as the chairperson of the Judicial Service Commission, disagreeing with any action by judges to down tools.
She reminded him that when three judges of the Supreme Court went on a go-slow in 2015, Dr Mutunga allegedly brought charges before the JSC calling for the removal of Justices Mohammed Ibrahim, Prof J.B Ojwang’ and Justice Njoki Ndung’u, a position he maintained even in court.
She said although the judges have since been cleared of those allegations by the High Court, it is expected that the CJ office and the JSC would take such action as an affront to the Code of Conduct that all judges and judicial officers have sworn to uphold.
“I register deep concern and disapproval of the call made by former Chief Justice, Dr. Willy Mutunga for Judges to go on strike. Notwithstanding the reasons for which that call was made, it is imperative that we all examine the implications of that regrettable incitement meant to disrupt access to justice for Kenyans,” the CJ said.
