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Raila to CJ Koome: Meeting Ruto will compromise judiciary

ODM leader Raila Odinga with Vihiga Governor Wilber Otichillo and other opposition leaders at Sisi Cottages in Vihiga.

Photo credit: Ondari Ogega | Nation Media Group

Azimio leader Raila Odinga has warned Chief Justice Martha Koome against meeting and negotiating with President William Ruto, saying the move will not only compromise the judiciary but also the country.

According to Odinga, the meeting will be the first step by the Chief Justice to lower her guard and 'go to bed' with the executive. 
He said there were active cases involving the executive in court and it was unwise for CJ Koome to meet the executive now.

"There is an active case in court whose ruling will be delivered on January 25th. If one doesn't agree with the ruling, the aggrieved should file an appeal. There is no need for the CJ to have a talk with the executive. Let the judges do their work independently," Odinga said.

The Azimio leader was reacting to a move by CJ Koome on Monday to seek a consensus with the President over continued attacks on the courts, accusing judges of corruption.

"There is no need to engage the executive. If you want to compromise the judiciary and negotiate with the executive on these kinds of disputes, then you are going to compromising the whole country," Odinga said.

Justice Koome, who chairs the Judicial Service Commission, wants to meet the president to discuss issues he has raised about corruption in the judiciary. 

The president has on several occasions accused unnamed individuals of using corrupt judges to block projects initiated by his government.

Remain steadfast

He asked Kenyans to remain steadfast in protecting the institutions that make up the arms of government – the executive, judiciary and legislature – so that they remain independent and interdependent. 

He urged the judiciary to stand firm and uphold the law without favouring any party in the discharge of their duties.

CJ Koome: We're on the precipice of a Constitutional crisis

"If I have a case in court, I do not need to approach judges; that's compromising justice. The president and his administration are either right or wrong; it’s either black or white. The CJ should not lower her guard because this is how the capture of judiciary and dictatorship starts," Odinga said. 

He said that he respected the courts when his presidential election petition was thrown out, even though he never agreed with the ruling.

The Azimio leader lamented how the president had captured the two Houses of Parliament, rendering them useless in their mandate, and was now training his eyes on capturing the judiciary. 

He claimed that MPs have been reduced to rubber-stamping punitive laws that hurt the people of Kenya, with legislators reduced to handing out bursaries in their constituencies.

Consultative meeting

Odinga was speaking in Vihiga County where he and other leaders held a consultative meeting with ODM party delegates.

Martha Koome

Chief Justice Martha Koome addresses journalists outside the CBK Pension Towers in  Nairobi on January 15, 2024.

Photo credit: Lucy Wanjiru | Nation Media Group

Party leaders Edwin Sifuna (Secretary-General), Chairman John Mbadi, National Assembly Minority Leader Opiyo Wandayi and Vihiga Senator Godfrey Osotsi also condemned the proposed meeting between the Ruto and the CJ, saying it was tantamount to supporting dictatorship.

Wandayi warned Koome not to treat the executive with kid gloves when the head of the executive is leading an unprecedented attack on the judiciary.

"The Chief Justice should assert herself and stop appearing weak. She must act as the true head of one of the three arms of government and chairperson of an independent commission," Wandayi said.

Osotsi said although ODM was not on good terms with the Chief Justice over the controversial presidential election petition ruling, they still respected her and respected the judiciary as an independent institution.

"The judiciary must resist any attempts to fall for the executive's intimidation tactics and stand by their decisions," Osotsi said. 
Senator Sifuna urged CJ Koome to stand firm against any attempt by the executive to control the judiciary. 

Dialogue with a hyena

"You cannot have a dialogue with a hyena that is hungry for your children. I have sent the CJ a message telling her that the times we are living in demands for bold action and people to stand up straight against dictatorship. There is nothing to talk about unless you want to compromise on cases that will continue hurting Kenyans," he said. 

Sifuna added that there could be no dialogue between good and evil.
"When you carried the Bible, you swore to protect the Constitution. Do exactly that by standing firm. In this case, the national government is wrong and the judiciary is right. There is nothing to dialogue over," said the Nairobi senator.

Mbadi said the Judicial Service Commission (JSC) is an independent institution. If there are to be talks, the leaders say it should be a national dialogue involving all Kenyans.

"Chief Justice, please listen to us. The people of Kenya have entrusted you with the position of chair of the JSC. We do not want to see a meeting between the two of you (Ruto and Koome) unless it is a national conversation or dialogue where all of us are present," Mbadi said.