The Judicial Service Commission (JSC) has sought an audience with President William Ruto over his sustained attacks on the courts, accusing judges of corruption.
Speaking on Monday, Chief Justice Martha Koome, who is also the chairperson of the JSC, said the commission wants a meeting with President Ruto to discuss the issues he has been raising concerning alleged corruption in the judiciary.
President Ruto has on several occasions accused unnamed persons of using corrupt judges to block projects initiated by his administration.
On Sunday, Deputy President Rigathi Gachagua threatened to file a complaint against a judge of the High Court for alleged gross misconduct. He said he will file the complaint on Thursday.
“We have written to him [President Ruto] as the JSC, seeking an audience. We are ready to go [for the meeting] any time so that we can dialogue,” she said.
The JSC, Justice Koome insisted, was committed to addressing incidents of corruption or misconduct in the judiciary as a matter of priority.
She termed as non-negotiable the requirement that judicial officers uphold the highest standards of integrity while discharging their duties, saying, this was the foundation of citizens’ right of access to justice.
She said the JSC has continued to deal firmly with all allegations of corruption and misconduct presented before it.
Justice Koome, who was addressing journalists while flanked by other JSC commissioners, including Attorney-General Justin Muturi , said the sustained attacks by the executive on judges amounted to intimidation as some of the cases mentioned are pending before the courts.
“When judges are attacked publicly, they feel intimidated,” she said. It was “regrettable” that the leadership of the executive and Parliament have publicly threatened not to obey court orders, the CJ lamented.
She said the threats and declarations are a serious affront to the Constitution, rule of law and stability of the nation and can lead to chaos and anarchy.
“The declaration that they will no longer obey court orders and the subsequent actual defiance of the orders granted by the courts are untenable and amount to contempt of court. Allowed to continue unabated, we are on the precipice of a constitutional crisis that can lead to untold civil strife,” she warned.
The CJ said the country’s democracy is pegged on the strength of the checks and balances in the three arms of government.
“We urge Kenyans not to lose sight of Kenya’s history and what lies ahead. Our prayer is that we all continue to safeguard the Constitution. We commit to do our bit,” said Justice Koome.
She added that, where there are grounds for the removal of a judge, the concerned judge is entitled to due process before an independent tribunal is appointed to probe the matter.
She said in 2023, the JSC received 72 petitions and complaints against judges, 13 of which were dismissed since they were touching on the merits of decisions which should be redressed by way of appeal or review, and therefore outside the jurisdiction of the commission.
Six judges were asked to respond to the petitions, of which four were admitted for hearing. She said 49 are undergoing preliminary evaluation by the JSC.
Three judges left the judiciary last year, with one opting for early retirement while two were subjected to the tribunal process and sacked.
“In the last two financial years, the commission considered 85 disciplinary cases against judicial officers and staff. Two judicial officers were dismissed from service while five, owing to the evidence provided and a thorough consideration by the Commission were absolved and reinstated back to the service,” she said.
The JSC, she added, dismissed 71 judicial staff from the service while five were reinstated.
Justice Koome revealed that the disciplinary cases involved soliciting for bribes and corruption, financial malpractice, absence from duty without leave, forgery of academic certificates, and dereliction of duty or negligence in handling court exhibits or disappearance of court files, substance abuse and intoxication.
She said the JSC is committed to providing regular updates on the cases presented before it for investigation and action.
Further, to strengthen enforcement and increase accountability, she said the commission has prepared a draft complaints and petitions processing regulations.
She said the draft regulations are now undergoing public participation and will be submitted for deliberation and approval by the National Assembly.
“The judiciary also invited the Ethics and Anti-corruption Commission to assess all its systems, registries and administrative procedures to flag out areas susceptible to abuse for corrupt purposes,” she said, noting that was the first time that an arm of government has invited the anti-graft body to assess the strength of its systems against corruption.
