The Civil Society has responded to the Judiciary Service Commission over a press statement by Judiciary on 25th March 2023.
In its press release dated 26th March, then Civil Society says the undersigned organizations, are concerned that Kenya is slowly sliding down a dangerous path where the Executive increasingly engages in illegalities and defies the rule of
law.
“In light of this, we publicly decried the swearing-in of Chief Administrative Secretaries (CAS) against a litany of cases filed in court to challenge the proposed office of CAS.” The Civil Society stated.
“We have read the statement by the Judiciary issued on the 25th March 2023 stating that it did not facilitate the swearing-in of the 50 illegal CAS at Statehouse, Nairobi and is never engaged in swearing in the Executive save for the Presidency.”
The Civil Society details that it appreciate the clarification, and thus retracted it’s earlier statement that Judiciary facilitated the swearing of 50 CASs.
“In light of the clarification, we retract our statement regarding a top Judiciary official facilitating the swearing-in of CAS on 23rd March 2023 and apologize unreservedly for that error.”
Civil society further clarified and drew the attention of the Judiciary to the fact that their initial statement was issued by 14 civil society organisations rather than an individual or one institution as highlighted by the Judiciary statement.
It continued to details that many Kenyans celebrated the two conservatory orders issued on 24th March 2023 by the Judiciary against the actions of this government, the first in a long time.
“The Judiciary stopped, through interim orders, the 50 CAS from assuming or continuing in office or from earning any remuneration, benefit, or salary in the interim.” Said the Civil society.
“The Judiciary also upheld media freedom by suspending the Communication Authority of Kenya’s censure of the six TV stations for factual reporting on the recent demonstrations through conservatory orders.”
Given how the Executive has numerous times refused to adhere to the rule of law, according to Civil society, the Judiciary reportedly remains Kenyans’ anchor and must remain independent, firm and true.
“It must always act above suspicion by fiercely upholding the rule of the law and the Constitution.”
