Full Statement on Ruto’s attack on Judges.
The Executive Council of the Kenya Magistrates and Judges Association (KMJA), says it has noted with grave concern the recent statements made by President William Ruto about the Judiciary and those who hold judicial offices in Kenya.
On 2nd January 2024 the President of Kenya made a statement about the Judiciary and purported to give directions to government officials to disobey Court orders allegedly because the Courts are corrupt and saying that, they are not going to allow judicial tyranny and judicial impunity.
The statement by the President further castigated and threatened litigants who approach Courts in defence of the Constitution and the Rule of Law.
Though the President alleged that they were going to respect judicial independence, by insinuating that the Court Orders are a manifestation of judicial tyranny and impunity is in itself an interference with judicial independence.
We have also in the past witnessed real threats, interference and attempts to manipulate the Judiciary to interfere with the independence of the Judiciary.
The remarks by the President are not only unfortunate but are aimed at ridiculing and painting the Judiciary negatively in the eyes of the public and as a result interfering with the independence of the Judiciary.
Where the decisions of the Courts are not respected, the rule of law is betrayed and anarchy prevails.
Judges and Judicial Officers cannot work freely with such threats especially when made by no other than the President himself.
Attacking the Judiciary for that which it is mandated to do by the Constitution is contemptuous and an abuse of the Constitution and the people of Kenya.
In 2010, the people of Kenya gave themselves the Constitution. The Constitution serves to restrict illegality in the operations and running of public business.
As part of that design, judicial independence has been entrenched in the Constitution. By disobeying the Court Orders the President is disobeying the very Constitution which he swore to protect and uphold by trampling upon the independence of the Judiciary.
The rule of law envisages that where any party is not satisfied with the decision made by a Court, such partyy ought to exercise the right of appeal. Where such a party has been bestowed with public trust, they could even approach Parliament to put in place laws that are in tandem with our Constitutional values and principles.
We must acknowledge that the Judiciary is an independent arm of government, separate from the Executive and Legislative arms. This separation of powers is enshrined in our Constitution and is fundamental to the functioning of our democracy.
Article 160 of the Constitution explicitly 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 other than the Constitution and the Law.
This provision safeguards the Judiciary from undue influence or interference, enabling Judges and Judicial Officers to make decisions solely based on the law and the presented facts to them.
Furthermore, Article 159 (2) of the Constitution establishes the principles of judicial authority, affirming that the Judiciary shall be guided by the ideals of justice, including access to justice, fairness, equality, and equity.
These principles are essential in ensuring that the Judiciary exercises its authority in a transparent, unbiased manner that serves the best interests of the people of Kenya.
We must therefore reiterate that the president having been given the trust of leadership remains faithful to the call of Article 131 (2)(a) of the Constitution of Kenya to respect, uphold and safeguard the Constitution.
The Judiciary, Judges and Judicial Officers play a pivotal role in the functioning of any democratic society. Its independence guarantees a fair and impartial justice system that safeguards the rights and freedoms of all citizens.
Through the Judiciary, disputes are resolved, laws are interpreted, and justice is administered. Any assault on the Judiciary or attempts to undermine its integrity can heavily impact our democracy.
We further remind the President that Article 22 of the Constitution empowers every person to move Court in protection of the Constitution and threats and intimidation to litigants is an affront to the Rule of Law and Constitutionalism.
The Judqes and Judicial Officers assure all Kenyans that they shall continue to remain faithful to their oaths of office while performing the sacred duty of interpreting, applying and enforcing the law.
We call upon all Kenyans of goodwill to stand up and protect the Constitution and the independence of the Judiciary. The Executive attacks against the Courts for doing their work must stop.
For KMJA, and on behalf of the Executive Council.
