Africa Judges and Jurists Forum (AJJF) has taken note of the recent public statements made by the President of the Republic of Kenya, His Excellency Dr William Ruto, castigating the judiciary for what he described as judicial tyranny and judicial impunity. President Ruto alleged that certain corrupt judges are collaborating with some of the opposition politicians to frustrate the implementation of government’s developmental programs. AJJF considers these utterances by the President to be an attack on the independence of the judiciary in Kenya.
The government of the Republic of Kenya is bound by both the Constitution of Kenya and international law to respect, protect and promote the independence of the judiciary. Article 160 of the Constitution of Kenya and article 26 of the African Charter on Human and Peoples Rights state that when discharging its functions, the judiciary shall be subject to the Constitution and the law and shall be independent of direction or control of any person. His Excellency President William Ruto’s utterances concerning the judiciary have the effect of intimidating judicial officers from exercising their functions impartially, especially considering that the courts are currently seized with cases in which the legality of certain government policies is being challenged. In addition, these statements may diminish public confidence in the independence of the judiciary, should the courts rule in favour of the government in these cases in the aftermath of the President’s threats.
AJJF notes that judicial independence does not mean that judicial officers cannot be held accountable for misconduct. However, as is required under articles 171 and 172(1) (c) of the Constitution of the Republic of Kenya, complaints of judicial misconduct including allegations of corruption or partiality, must be addressed to and be dealt with by the Judicial Service Commission in accordance with the laid down disciplinary procedures. In this regard, AJJF urges His Excellency President William Ruto to utilise these procedures, should he have any evidence that certain judges have engaged in unethical conduct. Further, AJJF urges the President and government officials to refrain from making public utterances which undermine the independence of the judiciary or unfairly diminish public confidence in the independence of the judiciary, as this has the potential effect of undermining constitutional democracy and could lead to a breakdown of law and order. AJJF urges President William Ruto to uphold the commitments he expressed during the meeting with African jurists in August 2023, to respect and protect the independence of the judiciary in Kenya. African Judges and Jurists Forum considers the Judiciary of Kenya to be a role model of an independent and impartial judiciary in Africa. We also consider the Republic of Kenya to be a leading constitutional democracy, from which many lessons can be drawn by fellow African states. As a strategic partner of the Kenyan Judiciary and a continental network of judges and jurists who are committed to promoting the rule of law and development, AJJF stands ready to assist the government of Kenya and the judiciary of Kenya to address any pressing issues with the view of consolidating and promoting judicial independence and the rule of law in Kenya.
For more information:
Martin Okumu-Masiga, Secretary General of AJJF, email: okumu-masiga@africajurists.org , mobile: +256 753 954 308, Twitter: @mokumas
Dr. Justice Alfred Mavedzenge, Programs Director, email: justice-mavedzenge@africajurists.org , mobile: +27 79 388 9990, Twitter: @Dr_JAMavedzenge
Twitter @AfricanJurists, Website https://africajurists.org/ FB- Africa Judges and Jurists Forum.
Elizabeth Oriakhogba, Legal Advisor, AJJF, email: elizabeth.oriakhogba@africajurists.org
mobile: +234 813 128 8602, Twitter: @Leezy_O