Kenya’s new Chief Justice Martha Koome is under fire from the Law Society of Kenya President Nelson Havi and his supporters over her silence following President Uhuru Kenyatta’s direct criticism of the Judiciary.
During his Madaraka Day speech, President Kenyatta attacked the Judiciary, saying that it had managed to test the Constitution’s limits and subvert the will of the people, citing the BBI ruling and his 2017 presidential election nullification.
“From nullification of a presidential election in 2017 to an attempt to stop the will of the people as expressed through BBI, the Judiciary has tested our constitutional limits,” the President said.
“Their decisions must consider the letter of the law, but fundamentally the spirit of the law must also guide them. And I say so because the spirit of the law is the light that will illuminate the burden of the choices they make,” he added.
Havi said that CJ Koome ought to have issued a statement defending the arm of government which she now leads and assert her authority and the Judiciary’s independence.
“Chief Justice Martha Koome should have by now defended the independence of the Judiciary, threatened by pronouncements of the Executive in an attempt to influence the outcome of the BBI Appeal,” he stated.
“The onslaught on the judiciary continues even in her presence without a word from the CJ-even a polite one: Uhuru goes as far as making sub judice comments on a national celebration day,” added Joel Kang’ethe.
Her silence could be perceived the wrong way by many Kenyans who witnessed her predecessor retired CJ David Maraga take on the Executive without fear.
However, a section of Kenyans defended that it would not be prudent for CJ Koome to engage the executive on a political environment.
“Remember the CJ is not a politician therefore we expect her to defend the Judiciary in court rulings and judgments. Politics is a dirty game and if she engages them they will soil her reputation,” one Brian Mulwa dissented.
“CJ Emeritus David Maraga went public several times about the tribulations of the Judiciary but the president did not give a damn. When someone charges at you with a clenched fist at full force, just dodge and let them crush to the wall,” added Kennedy Odabo.
“Judiciary is a non-political arm of Government, unlike Executive and Legislature. I’m of the view that she should ignore political statements and do her work according to the judicial mandate. Everyone has a style of leadership,” defended Dan Kinyanjui.