• The CJ reminded judges and judicial officers that Judicial authority is safeguarded under Article 160 (1) which they should live up to.
• Her remarks come a day after President William Ruto said corrupt judicial officers were colluding with a few unnamed powerful individuals to stall government projects.
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Chief Justice Martha Koome has said the Judiciary will continue to protect the sanctity of the Constitution amid accusations that it is being used to stall government projects.
Her remarks come a day after President William Ruto claimed corrupt judicial officers were colluding with a few unnamed powerful individuals to frustrate government programmes to protect their own interests.
But in a statement on Wednesday, Koome, who also serves as the President of the Judicial Service Commission, said the JSC will continue to promote and facilitate Judicial independence as provided for under Article 172 (1) of the Constitution.
"The JSC has therefore noted with concern that honorable judges and judicial officers have been subjected to criticism and vilification for issuing court orders that are perceived to be against state programmes and policies," Koome said.
"The JSC wishes to reaffirm the independence and integrity of the Judiciary as a co-equal arm of government as enshrined in the Constitution and urges all judges and judicial officers to continue to perform their official duties without fear or favour."
The CJ reminded judges and judicial officers that Judicial authority is safeguarded under Article 160 (1) which they should live up to.
During the burial of Senator John Methu’s father in Nyandarua, Ruto said some judicial officers have entered into an unholy alliance with powerful cartels to frustrate state projects.
He singled out the National Hospital Insurance Fund where he said the cartels want to continue siphoning taxpayers' funds through fake claims by abusing the court system to stall reforms aimed at streamlining the fund.
The President claimed the same cartels have extended to the housing programme where they want to protect their interests by having courts issue orders against the affordable housing project.
Ruto said he will protect independence of the Judiciary but "what we will not allow is judicial impunity and tyranny".
The courts at the tail end of 2023 issued orders stopping the implementation of the 1.5 per cent housing levy as well as three Health Acts.
The Social Health Insurance Act, of 2023 among other things provides for the extension of health insurance to all Kenyans based on member contributions, with government-subsidised coverage for the poor.
The Primary Health Care Act, 2023 provides a framework for the delivery, access and management of primary health care.
The Digital Health Act, 2023 on its part provides for the establishment of the Digital Health Agency and a framework for the provision of digital health services.
While issuing the orders stopping implementation of the Acts on November 27, Justice Chacha Mwita said the petition filed by Joseph Aura raises important constitutional and legal questions that deserve urgent and serious consideration.
The court will hear the matter on February 7, 2024.
Ruto will know the fate of his housing levy on January 10 when the court renders judgment on the appeal against the ruling that declared it unconstitutional.
Koome reminded the State and public officers deliberately ignoring court orders obtained by citizens would undermine the right of access to justice as this would fatally attack the effectiveness of the legal system on which ordinary Kenyans rely to have their rights and legal duties enforced.
The CJ said any complaints of corruption against any judge or judicial officer will be addressed via the laid-down legal processes.
She encourage anyone with information on such claims to report to the JSC for action.
"The JSC assures all Kenyans that any allegations or complaints of misconduct or corruption by any judge or judicial officer will be dealt with firmly and swiftly in accordance with the Constitution."