I refer to some recent remarks in the public domain vilifying and criticising judges and judicial officers for issuing court orders perceived to be against State programmes and policies.
This recurring trend of discussing in public live matters in courts is a matter of great concern as it tends to threaten and intimidate judges and judicial officers to rule in a certain way in matters involving government policy.
I wish to restate that I, and the entire leadership team of the Judiciary abhor and condemn any acts of corruption or misconduct that undermine the rule of law or the administration of justice.
I assure you of commitment on our part to uphold the independence of the Judiciary and the overall fabric of the constitution.
It is in this context that I wish to reassure you, honourable judges and judicial officers, that my office and the Judicial Service Commission, will continue to protect the constitutional principle that guarantees the discharge of judicial mandate to be exercised without control or direction from any person or authority (Article 160).
I therefore urge you to continue discharging your judicial duties without fear or favour and in line with the judicial oath of office.
My Office and the Judicial Service Commission have made it clear to the other arms of government and to the general public that the proper way to challenge a court decision, if one is dissatisfied, is to appeal or seek review in a higher court.
Attacking judges and judicial officer who made a decision in the public undermine all the values of our constitutional order. Such attacks or comments when made on matters which are pending before any court also violate the sub judice imperative which is a rule of law derivative and therefore a foundational national value and principle of our nation, as stated in Article 10 of the Constitution.
When state or public officers threaten to defy court orders, the rule of law is imperiled setting stage for anarchy to prevail in a nation.
Indeed, defying court orders would breach the public trust vested in state and public officers who should at all times act in a manner that is consistent with the purposes and objects of the Constitution as instructed in Article 73 of the constitution.
In this regard, and in keeping with our corresponding Constitutional duty to uphold the constitution at all times, I call upon you to ensure that court orders are enforced and judicial authority unfalteringly upheld.
Any concerns regarding misconduct or corrupt acts by any Judge or Judicial officer should be channeled to the Judicial Service Commission for firm and swift action.
Indeed, the record shows that the Judicial Service Commission has been firm and proactive in dealing with allegations or complaints regarding corruption within judicial ranks whenever such allegations or complaints are brought to the attention of the commission.
This procedure is provided by the Constitution to ensure that we nurture institutions where integrity prevails.
Declarations of corruption in public events and activities without corresponding procedural reporting mechanisms exposes an institution such as the Judiciary to public suspicion and distrust.
This trend, if let to continue will break down the governance structures set up by the constitution exposing Kenya to anarchism as opposed to democratic reverence and the rule of law.
I will engage the Executive and Legislature at the highest levels to implore on the importance of mutual comity of arms.
In addition, I will seek concrete information and reports on the referenced acts of impunity and corruption so that we can address them comprehensively as we have in the past.
I also call upon other state organs and justice actors to engage in dialogue to secure the Constitutional ordering of our nation where justice is a common good for all.
As a service-facing institution, our collective allegiance at the Judiciary remains firmly with the constitution.
Author is Hon. Chief Justice Martha Koome, EGH
