Premium
Lenaola: Removing the Supreme Court is tantamount to decimating the Judiciary, killing democracy
Supreme Court Judge Isaac Lenaola.
Justice Isaac Lenaola has warned that attempts to interfere with the Supreme Court will get rid of democracy in the country.
He explained that the role of the Apex Court was to sustain democracy through impartial interpretation and application of the Constitution and it should be left alone to carry its legal duties.
"We have kept largely to our jurisdiction and to our mandate," he said in defence of the Court.
He said the Supreme Court was doing well and told off critics.
"Forget about what people are saying about the Supreme Court without evidence," he said.
He stressed that the Supreme Court was an important arm of government which should be protected for the sake of democracy.
"Removing the Supreme Court is tantamount to decimating the whole arm of the government, we can't have democracy if one arm of government is collapsed, this is where we are heading to if we continue with this absurdity," he said.
He said removal of the Apex Court should be on very serious grounds and it can't be a game of social media.
He spoke on Friday at the University of Embu as he lectured law students on the role of the Supreme Court.
He questioned the logic behind the filing of the petition seeking to dismantle an entire arm of government, saying the move would create a constitutional crisis.
"If perchance, all judges are removed at the same time, the judges have a right to appeal to the Supreme Court, meaning they will be appealing to themselves. The judges will be saying our removal was unconstitutional. Look at the absurdity," he said.
Lenaola made it clear that he was not afraid of going home if found incompetent but insisted that judicial accountability should not be reduced to social media theatrics.
"I have no problem going home if somebody proves that mimi ni bure kabisa (I'm useless). But removing a judge should be on very serious grounds. You don’t bring down the Supreme Court because of online games. Collapsing an entire arm of government is dismantling democracy itself," he warned.
He said the Constitution does not envisage a situation where the Judicial Service Commission ( JSC) is asked to commence removal proceedings of the entire bench of the Supreme Court or a collectivity of judges.
"The Constitution speaks of one judge, a misconduct can't be collective, it must be individual," he stated.
He argued that any allegations should be directed at individual judges rather than a blanket attack on the entire bench.
"When we take the oath of office, we do it alone, not as a group. If you want to remove judges of the Supreme Court, begin by proving your claim against each judge and present credible evidence against him individually," he stated.
The petition targets Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Smokin Wanjala, Mohammed Ibrahim, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
The legal battle has ignited heated debate, with constitutional experts questioning its credibility.
Lenaola urged Kenyans to trust the Judiciary and resist efforts to weaken it, emphasizing that public confidence in the Supreme Court is vital for democracy and the rule of law.
He hit back at critics, arguing that the Supreme Court had achieved a lot since it was set up in 2012.
Justice Lenaola said the Supreme Court is known for handling presidential elections competently.
At one point, he said the Supreme Court even nullified former President Uhuru Kenyatta's election and gave reasons for the nullification.
"Although we were called names, we stood by our judgement," he said.
He said it was the role of the Supreme Court to determine whether the presidential election was conducted in accordance with the law.
"We could not track the votes which were announced belonged to Kenyatta. We nullified the election and we were accused by Mr Kenyatta of overturning the will of the people. We were doing our democratic duties not assuming the role of the Kenyan people," he said.
Mr Lenaola said every election must be transparent, verifiable and free of influence through witchcraft and corruption.
"We have also been able to determine what is a varied, spoilt and cast votes. That to me is a clear pointer of democracy. We have also ensured the right to access information. That is a hallmark of the democracy.
On the Independent Electoral and Boundaries Commission (IEBC), Justice Lenaola observed that the electoral body should be able to settle small election disputes to avoid overloading the courts.
He said the IEBC has a duty to resolve petty disputes by itself.
"IEBC should settle small election disputes before they come to courts, otherwise courts will not be able to work during the elections period because all disputes will come to courts," he said.
He said the IEBC has now a Disputes Resolution Committee that will settle petty issues to make the work of courts easier.
He questioned why the two-third gender rule was not observed in the National Assembly.
Justice Lenaola said there should be equal gender representation in the Assembly.
" What have women lacked that they are very few in the Assembly?" he asked.
