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Koome Warns Ruto Against Defying Court Orders
Kenya’s top judge, Chief Justice Martha Koome, has sounded the alarm over a brewing constitutional crisis sparked by President William Ruto’s open defiance of court orders and his attacks on the judiciary.
Ruto’s administration has been embroiled in a bitter feud with the courts in recent weeks, with various government projects like a new social health scheme and the privatization of 11 parastatals being halted by judicial rulings. The President has responded by publicly vowing to disregard court orders he deems motivated by “judicial impunity,” and his deputy, Rigathi Gachagua, has even called for the removal of a judge who ruled against him in a past case.
Addressing a press conference on Monday, Koome warned that these actions are “a monumental assault on the Constitution” and could lead to “chaos and anarchy.” She condemned the threats to disobey court orders as “untenable” and amounting to “contempt of court.”
“The Judiciary and JSC cannot countenance this and will not be part of it,” she declared, emphasizing the importance of upholding the rule of law and respecting judicial decisions.
Koome outlined the grounds and due process for the removal of any judge accused of misconduct, stressing that such decisions cannot be made based on public pronouncements or political pressure. She also revealed that the Judicial Service Commission received 72 petitions and complaints against judges in 2023, underscoring the existing mechanisms for addressing judicial accountability.
“A judge can be removed from office only on specific grounds, namely the inability to perform the functions of office arising from mental or physical incapacity; a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament; bankruptcy; incompetence; or gross misconduct or misbehaviour,” she said.
“Where any or some of these grounds are alleged, the concerned Judge is entitled to due process before an independent tribunal is appointed to inquire into the alleged grounds. Similarly, should the tribunal recommend removal, the judge has the right to challenge the decision of the tribunal through an appeal process to the Supreme Court.”
The escalating tension between the executive and judiciary has raised concerns about the stability of Kenya’s democratic institutions. Analysts warn that a prolonged standoff could undermine the rule of law and lead to increased political turmoil.
President Ruto’s supporters argue that the courts are overstepping their bounds and interfering with the government’s mandate. However, critics accuse the President of seeking to undermine judicial independence and establish an autocratic rule.
Raila Opposes Judiciary Talks with Ruto
President William Ruto has welcomed Chief Justice Martha Koome’s call for dialogue to address tensions between the Executive and the Judiciary. However, Azimio leader Raila Odinga has voiced strong opposition to the proposed talks, fearing it would compromise the independence of the courts.
Speaking at the commissioning of a college in Nandi County, Ruto expressed his readiness to lead the dialogue, which he believes should involve all three arms of government. He reiterated his previous accusations of bribery and sabotage aimed at undermining his administration’s agenda.
Koome, head of the Judiciary, had reached out to Ruto on Monday, seeking a meeting to discuss concerns raised by the Executive. The JSC, the Judiciary’s governing body, warned against a dangerous slide towards anarchy due to the escalating attacks on the courts.
Raila Odinga, leader of the Azimio coalition, strongly opposed the proposed dialogue, arguing that it was unnecessary and could compromise the Judiciary’s independence. He pointed to an ongoing court case and the established appeal process as the proper channels for resolving any disputes.
“Chief Justice Martha Koome says she wants to dialogue with Ruto. That will mark the start of compromising,” Odinga said in Vihiga. He further accused Koome of already taking a position and warned that any talks would only undermine the courts’ authority. “We want to tell the Chief Justice not to compromise the position of the courts. She already took a position and there is no need for negotiations,” Raila said.
Odinga also criticized the church for its silence during the ongoing political tensions. He expressed disappointment at the Anglican Church’s apparent indifference to the suffering of Kenyans under the high cost of living, heavy taxes, and the Judiciary’s woes.
“I am ashamed as a member of the Anglican church. The church has remained silent when Kenyans are suffering,” he said, urging the church to speak out against what he views as injustices.
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