President Kenyatta urged to cease from making statements discrediting Judiciary role

The Kenyan section of the International Commission of Jurist(ICJ) has urged President Uhuru Kenyatta to exercise restraint and cease from making statements discrediting the role of the Judiciary and judges’ decisional independence.

This comes after the remarks by the Head of State in his speech delivered during Madaraka Day celebrations against Judicial independence.

In a press statement, ICJ Kenya says the statements were a direct affront on judicial independence and were aimed at threatening an dismissing the status of the Judiciary.

“As a body jurist, we were alarmed by the remarks made by His Excellency President Uhuru Kenyatta in his speech delivered on June 1,2021, during the Madaraka Day celebrations that were directed at the Judiciary,” stated the commission.

Further, ICJ Kenya said it is perturbed by the deliberate intention to intimidate Lady Justice Martha Koome present at the celebrations.

Kenyatta was also urged to steer the narrative clear from personal and vindictive attacks aimed at discrediting the Judiciary in the democracy and Judges’ especially when the matter is now before the Court of Appeal.

“The President must lead from the front by respecting the role of the judicial process to its logical conclusion,” it stated.

Further, the commission reminded the President that the Constitution of Kenya 2010 guarantees the independence of the Judiciary and underscores that judicial authority is derived from the people of Kenya.

“Indeed, the Constitution confers power to the Judiciary to resolve disputes and render judgement per the law,” read the statement.

The President and other public officers were urged to respect the rule of law and uphold the Constitution.

He was directed to channel his aggrievances through the available appellate avenue and desist from making public utterances which derogate judicial authority erode public trust in the Judiciary to resolve disputes and ultimately leads to anarchy.

The commission called for the President to adhere to principal of separation of powers.

It also called for all civil societies working on the rule of law and constitutionalism, including the media to track and document the attacks by the president or any other state/ public officers against the Judiciary.

“They should stand in solidarity with Judges and Judicial officers in upholding the principles enshrined in the Constitution including  the rue of law, democracy and justice,” it added.

Additionally, it encouraged the CJ, JSC, judicial officers and staff to remain steadfast and true to their oath of office in protecting and defending the Constitution of Kenya.

This is not the first attempt the President faulted the Judiciary, he attempted to fault the Judiciary ostensibly on their previous decision to overturn the Presidential Election in 2017.

The commission noted that the President was in gross breach of the Constitution and that the process was a deliberate attempt to ursup the people’s exercise of Sovereign Power.

Last month, ICJ Kenya issued a statement expressing concerns about the inciteful utterances by the political class that were aimed at undermining judicial  decisional independence.

The statement was coupled with a social media campaign that was intended to undermine judicial authority following the High Court judgement on Building Bridges Initiative(BBI).