- KMJA president Derrick Kuto in his letter addressed to the CJ said the move by the aggrieved state agency to 'attack' the judge instead of appealing the case to a higher court is an abuse of Judicial processes.
- Kuto said such write-ups are meant to intimidate the judges and the Judiciary by extension.
The Kenya Magistrates and Judges Association has raised concerns about a letter written by a state agency to Chief Justice Martha Koome protesting over a ruling made by a High Court judge.
KMJA president Derrick Kuto in his letter addressed to the CJ said the move by the aggrieved state agency to 'attack' the judge instead of appealing the case to a higher court is an abuse of Judicial processes.
Kuto said such write-ups are meant to intimidate the judges and the Judiciary by extension.
"The letter amounts to an attack on the independence of the learned judge. The attack extends to all judges, judicial officers and the arm of the government, the Judiciary," Kuto stated in the letter to the CJ dated Monday, November 20, 2023.
"The letter is meant to harass, intimidate, threaten, silence and generally have the judge (and by extension other judges and judicial officers) make decision in a particular or predetermined manner."
According to KMJA, the protest letter by the State Agency amounts to an appeal and it is not a 'complaint' as it is meant to appear.
"The writer is duty bound to follow the correct legal channels to do the appeal or review," Kuto added.
"Those are the legal procedures available to a party who wishes to challenge a court decision by a judge."
Kuto added that Judges and Magistrates remain open and accountable for anything they do.
He however warned that that does not amount to permission by parties to issue remarks amounting to threats to judges.
“Our members remain accountable. That should not be equated to any dissatisfied person or entity directing the distinguished Judges on the text, tenor and content of their reasoned Judgments and/or rulings," Kuto said.
"We remain most obliged to the Honourable Chief Justice and appreciate the strides made in jealously guarding the Institutional and decisional independence within our Institution.”
A letter by the State agency, which has since gone viral on social media fingered a particular judge of the high court over his ruling on a matter filed by the agency.
The agency had filed a case against a company over money laundering claims only to withdraw the matter later.
The move to withdraw the case saw the High Court judge issue a tough warning to state agencies saying relevant officers would bear the cost of such matters in the event the aggrieved party seeks redress.