Lawyers from Mt Kenya region want President Uhuru Kenyatta and Chief Justice David Maraga to reconcile to fast-track the appointment of 41 judges.
Law Society of Kenya Mt Kenya branch chairperson Lindah Kiome in a press statement over the weekend called for a ceasefire between the Judiciary and Executive, saying a divided government cannot achieve its mandate.
Kiome said the exchange between the Executive and the Judiciary was not good for the country. She faulted the Executive for not respecting court orders.
“We defend the country's constitutionalism and the war against the Constitution and the threat to its existence through disregard of the rule of law. A country that is not governed by the rule of law is a country that is flirting with anarchy," she said.
The lawyers called upon the President to call for a handshake between the Judiciary and Executive.
"A government divided shall never achieve its mandate. The power struggle must stop and each arm ought to ceasefire,” Kiome said.
She said the dispute called for a roundtable meeting. She said there was a backlog of cases and congested remand prisons across the country.
Some of the nominees, she stated, were already serving in current positions but were alleged to be of questionable integrity yet they cannot take up new positions.
“It is said that the refusal is due to the tainted character of some of the judges with integrity issues which have not been proved. There is no justification for judging all the 41 collectively for the alleged mistakes of a few. Integrity is a personal responsibility not a collective issue,” she said.
The LSK branch chair said Article 166 of the Constitution stipulates that the President shall appoint judges as per the recommendation of the JSC.
“The Attorney General who is the legal advisor to the government and a member of the JSC had a grand opportunity to air the grievances during the interviewing of the judges but did not table any objections,” she said.
The lawyers echoed the sentiments of CJ Maraga on the Executive's disobedience of court orders, citing the Kariobangi evictions, and called on the Judiciary to stand firm against persons disobeying court orders.
“Courts must start enforcing court orders and dealing with contemnors with immediacy. It has also become imperative to call upon the President of the republic to be at the forefront in ensuring all institutions obey court orders in his quest to uphold our Constitution and the rule of law," the chairperson said.
She was flanked by vice chair Ramadhan Abubakar, secretary Rose Muthike, Treasurer Gladys Magara among other officials and members.
Edited by Henry Makori
