Chief justice directs judicial officers to uphold rule of law

Chief Justice Martha Koome has advised Judges and Judicial Officers to uphold the independence and the rule of law a day after President William Ruto warned that his regime will ruthlessly stifle judicial activism and impunity which impedes the government’s development agenda.
In a press statement released on Wednesday evening, Koome regretted that Judges and Judicial Officers were subjected to public criticism for issuing court orders that were perceived to be against State programmes and policies.
The CJ who is also the President of the Judicial Service Commission assured Kenyans that any allegations or complaints of misconduct or corruption by any Judge or Judicial Officer will be dealt with firmly and swiftly per the Constitution.
“The JSC has a proven record of taking action against any judicial officer found to have breached the Judicial Code of Conduct and Ethics or engaged in corrupt practices. The JSC therefore encourages anyone with information on any act that threatens the integrity of judicial processes and outcomes to report any such cases to the JSC for determinate action,” she said in a statement.
Koome has further encouraged anyone aggrieved by court decisions to file an appeal in a court of higher jurisdiction.
The CJ further condemned the remarks by the Head of State saying they touch on matters presently still being deliberated in court, noting that they can hence only serve to intimidate judges to rule in a certain way.
“The Commission wishes to draw the attention of State and Public Officers to the fact that the Constitution places positive duties on the State to ensure respect for the law and adherence to the law by providing citizens with effective mechanisms for resolving disputes between themselves and between them and the State,” she said.
CJ Koome in her response said she was taken aback by President William Ruto’s vow to disobey court orders that presumably do not favour government projects. She noted that he would be setting a bad precedent for the rule of law in the country
“Where a citizen obtains a court order against the State and that court order is deliberately ignored or disobeyed by State officials, the right of access to justice is undermined because it fatally attacks the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal duties enforced,” stated the JSC boss.
Speaking during a burial service in Nyandarua yesterday, President Ruto expressed his frustration with various high court decisions that slammed the brakes on the implementation and enforcement of the Social Health Insurance Fund Act 2023, the Primary Health Care Act 2023, and the Digital Health Act 2023 until a case challenging its legality is heard.
The Law Society of Kenya has already announced plans to stage nationwide peaceful demonstrations next week to protest President William Ruto’s attacks against the Judiciary.
All advocates and legal practitioners will put on purple ribbons during the demos to signify their support for the independence of the Judiciary and the rule of law.
LSK President Eric Theuri urged President Ruto to retract his statements and challenged the Head of State to avail the evidence against the corrupt judicial officers to the Judicial Service Commission (JSC) for action instead of making unsubstantiated claims.
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