Chief Justice Martha Koome has warned President William Ruto against threats to disobey court orders, saying the move is setting the stage for anarchy in the country.
President Ruto on Tuesday vowed to disobey court orders, saying the injunctions and rulings were meant to derail his government's agenda.
In a memo to judges and judicial officers seen by the Nation on Thursday, Justice Koome, who is also the Chief Justice, warned that when state or public officials threaten to disobey court orders, the rule of law is compromised and the stage is set for anarchy.
Without naming Dr Ruto, the CJ added that defying court orders is a breach of the public trust placed in state and public officers who should at all times act in a manner consistent with the objects and purposes of the Constitution.
"In this regard, and in line with our corresponding constitutional duty to uphold the Constitution at all times, I call upon you to ensure that court orders are enforced and that judicial authority is unflinchingly upheld," the statement read.
Justice Koome called on other state organs and stakeholders in the judiciary to engage in dialogue to ensure the "constitutional order of our nation where justice is a common good for all".
The CJ regretted the recurring trend of discussing live matters in court in public, saying it was a matter of great concern as it tended to threaten and intimidate judges and judicial officers to rule in a particular way on matters that affect government policy.
She urged the judges to continue to discharge their duties without fear or favour and in accordance with the judicial oath of office, saying her office and the Judicial Service Commission (JSC) will continue to protect the constitutional principle that guarantees the discharge of their mandate without control or direction from any person or authority.
In a statement issued by the JSC, Justice Koome said that deliberately ignoring or disobeying court orders undermines the right of access to justice, as it "fatally undermines the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal obligations enforced".
"The JSC has therefore noted with concern that honourable judges and judicial officers have been subjected to public criticism and vilification for issuing court orders that are perceived to be contrary to state programmes and policies," Justice Koome said.
The statement reaffirmed the independence and integrity of the judiciary as a co-equal arm of government and urged all judges and magistrates to discharge their duties without fear or favour.
The Kenya Magistrates and Judges Association (KMJA) also urged the President to respect the Constitution and stop intimidating judges.
The Association's Secretary General Mark Olando reiterated that Article 160 of the Constitution specifically outlines the independence of the judiciary, stating that judges and judicial officers shall not be subject to the control or direction of any person or authority.
"This provision protects the judiciary from undue influence or interference and allows judges and judicial officers to make decisions based solely on the law and the facts presented to them," Mr Olando said.
The association further said that the President's remarks alleging that some judicial officers are corrupt tarnishes the image of the judiciary, which can have a serious impact on democracy.
"The President's remarks are not only unfortunate but are aimed at ridiculing and portraying the Judiciary in a negative light in the eyes of the public, thereby compromising the independence of the Judiciary," he said.
The Law Society of Kenya (LSK) also condemned Ruto's comments and vowed to fight to ensure that the courts remain free from intimidation and threats from any quarter.
LSK President Eric Theuri said gone are the days when the judiciary played second fiddle or bowed submissively to the executive branch of government headed by the Head of State.
Mr Theuri said the Judiciary, as the guardian of the Constitution, has acted as a check against Executive excesses and has thwarted attempts by previous regimes to impose constitutional reforms on the people.
The LSK boss said the courts recently halted the Housing Fund and the Building Bridges Initiative spearheaded by former President Uhuru Kenyatta in 2021. It also nullified the 2017 presidential election and upheld the election of President Ruto in 2022.
"The President, as the chief custodian of the rule of law, should refrain from undermining the judiciary and instead use the legal avenues available to him to challenge decisions he finds objectionable," the LSK boss said.
The LSK also cautioned the president against inciting the public against the judiciary, saying this is not only detrimental to the constitutional fabric but also compromises the sanctity of the legal system.
"We are concerned that we begin this year with a dark cloud hanging over the administration of justice in the country. We are ready to pay the ultimate price to defend the Constitution and the rule of law," said Mr Theuri.
To demonstrate their steadfastness in their call for everyone to be subject to the law, lawyers wearing purple ribbons will soon march in protest against recent developments that are rolling back the gains made in the judiciary, said Faith Odhiambo, the LSK vice-president.
"We will march peacefully as we petition the Attorney General to ensure that this return of an autocratic regime is nipped in the bud. The government is not above the law. They have to make policies that are within the law. If they are not, they will be challenged," she said.
By Sam Kiplagat, Steve Otieno, and Kevin Cheruiyot
