Chief Justice (CJ) Martha Koome has defended the independence of the judiciary on the back of recent criticism of the courts by President William Ruto.
The CJ said the accusations of judicial overreach were baseless as he insisted the Judiciary will always uphold the rule of law despite attacks by the executive and legislature.
“When the executive or the legislature complain about judicial overreach, we also complain about their overreach and we defend the independence of the judiciary most vigorously. This is because as judges, magistrates, decision-makers, and adjudicators we are supposed to decide cases independently,” CJ Koome said.
In his remarks during the 12th anniversary of the Supreme Court of Kenya, the President said the judiciary would always have a remedy if the Executive attempts to interfere with its functions. But the same recourse is not available to the executive, he added.
“What happens when we have judicial overreach and judicial interference? Who will help us to resolve it? President Ruto asked.
The CJ reiterated that the three arms of government should operate independently and that discussing court matters in public forums would not be a resolution.
She stated that doing so would not only taint the image of the Judiciary negatively but would also not be a solution to the aggrieved parties, and they should instead seek to appeal the matter.
“If you are aggrieved by a decision of a magistrate, please do not vilify them at the church, at the funerals, at open places because we have no way of responding, appeal to the high court and it will correct that mistake, and if it cannot, the court of appeal will.”
The CJ has also asked magistrates, and judges as well as any other judicial officer to remain faithful to the oath of office, adding that serving in the Judiciary is not for the faint-hearted.
“To be a judge or an adjudicator or judicial officer, you need a very thick skin because you should not be listening to what the public is saying because you will hear many messages depending on how they would want the case to go.”
On her level, the CJ claimed that she had never received a bribe purposely to interfere with the matter before the court.
“Nobody has ever tried to influence me as a trial judge, as a judge of appeal, as a Supreme Court judge, and as a president of the Supreme Court because I cannot allow it.”
She also issued a stern warning to anyone who might be tempted to seek her help specifically to interfere with a matter before the court, saying that she would not hesitate to reveal such attempts in public.
“The constitution does not allow us to be influenced by anybody or any authority. Whoever will try to influence me, I will quickly refer them to the Constitution because it is written in black and white. I will make it public.”
The CJ revealed that at one point, while serving as a trial judge, attempts were made to approach her indirectly through a gathering, but she was quick to read the lines and distanced herself.
“What I did was to declare immediately that this is not a position where you can be approached, and if you did approach me, the thing I will do is to expose you and I will also recuse myself from hearing the matter, so nobody approached me. I told all my associates, my relatives, and my friends that if they ever speak to me about a case, that is going to be the end of our friendship because our friendship is not predicated on my work, my work is separate."
