Don't bow to executive attacks against judiciary, jurists body urges Maraga

Chief Justice David Maraga at the Supreme Court on January 31, 2017. /JACK OWUOR
Chief Justice David Maraga at the Supreme Court on January 31, 2017. /JACK OWUOR

The International Commission of Jurists has urged Chief Justice David Maraga to continue shielding the Judiciary against attacks from Parliament and the executive.

ICJ on Sunday condemned Parliament for attempting to undermine the independence of the Judiciary through introduction of amendments to election laws.

Executive director Samwel Mohochi said that the initiative by the National Assembly, which is constituted by majority of Jubilee MPs, is not grounded on principles of the rule of law.

Mohochi wrote an open letter to Maraga telling him not to relent in defending the independence of Judiciary and safeguard its constitutional gains.

"We remind the executive and the legislature that it is their duty to respect and observe the independence of Judiciary."

"Any inappropriate or unwarranted interference with the judicial process shall be strongly defended on behalf of the people of Kenya," Mohochi said.

Mohochi castigated politicians for persistently attacking judges of the Supreme Court by negatively profiling them through mainstream and social media platforms.

He said that the Presidency has on a number of occasions publicly threatened "to deal with rogue judges and the Supreme Court upon winning the fresh presidential election".

"We reiterate and assert what the constitutional provisions on judicial authority and independence expressly dictate.

"The law says that in exercise of judicial authority, the Judiciary shall not be subject to the control or direction of any person or authority," the ICJ boss said in a paid advert.

Mohochi said the Maraga-led institution should be allowed to decide matters before them impartially on the basis of facts and in accordance with the law without any restrictions.

He lauded the Supreme Court President and his team for responding to the attacks on Judiciary geared towards promoting its independence and accountability.

The Commission has promised to support and speak out on the personal attacks of judicial officers on basis of decisions they have made.

"Complaints should be procedurally channeled through the provisions envisaged in the Constitution."

"ICJ Kenya strongly opposes and condemns – and will continue to oppose and condemn – any attempts to weaken the institutions of the Judiciary, threats to its independence and personal security and safety of the judicial officers," Mohochi added.

The group encouraged the Chief Justice, the JSC, judicial officers and judicial staff to remain steadfast and true to their oath of office in protecting and defending the Constitution.

"We pledge and will continue to offer our support as a body of jurists."

This came after Jubilee introduced radical election law amendments in Parliament geared towards making it almost impossible to invalidate a presidential election.

The Supreme Court, which nullified President Uhuru Kenyatta's win, says it will not hesitate to do the same on October 26 if the poll are not conducted within the Constitution and other related laws.

Jubilee is moving fast to put restrictions in place to tie the Judiciary's hands and limit its independence before the fresh poll.

Read:

Also read:

WATCH: The latest videos from the Star