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JSC fires warning shot over threats to disobey court orders

CJ Koome said continuous attack on Judiciary puts the country on the precipice of a constitutional crisis.

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by The Star

News15 January 2024 - 17:28
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In Summary


  • JSC Chair Martha Koome in a press address on Monday said the continuous attack on the judiciary and planned disobedience of court orders is an assault on the constitution.
  • The press address was attended by members of the Judicial Service Commission.
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Chief justice Martha Koome accompanied by JSC commissioners addressing journalists at a press conference on the independence and accountability of the judiciary at CBK Pension Towers on January 15, 2023./DOUGLAS OKIDDY

The Judicial Service Commission has condemned comments from members of the Executive and the legislature mulling for disobedience of court orders.

JSC Chair Martha Koome in a press address on Monday said the continuous attack on the judiciary and planned disobedience of court orders is an assault on the constitution.

The press address was attended by commissioners of the Judicial Service Commission.

“The threats are serious and assault to the constitution and the rule of law and the very stability of any nation and can lead to chaos and instability,” she said.

Koome said the independence of the Judiciary is more important now adding that continuous attacks put the country on the precipice of a constitutional crisis.

“The declaration that they will not obey the orders granted by the court is unattainable and counts to contempt of court,” she said.

“The robes that we wear as judges and JSC magnify the conduct and stand out. Judges must be held to a high ethical standard if they are to keep the trust of the people,” she said.

She further added:

“Our prayer tonight is that we safeguard the constitution according to the law.”

Koome said transparency, diligence and commitment to upholding the rule of law are paramount in guiding the proper conduct of their duties and fostering public trust in the legal system that they are supposed to represent. 

JSC expressed commitment to dealing with corruption in Judiciary saying they are ready to work on complaints as soon as they are filed.

“It is the JSC’s firm position that corruption or misconduct of any kind in the Judiciary is addressed with utmost priority,” she said.

Earlier in the day, the Law Society of Kenya President Eric Theuri challenged Deputy President Rigathi Gachagua to substantiate any accusations connecting judicial officers to corruption.

This comes in response to Gachagua's announcement on Sunday that he intends to file a petition on Thursday seeking the removal of a High Court judge from office.

LSK President in an interview on Monday, however, urged the Deputy President to present any allegations of corruption to the Judicial Service Commission (JSC) rather than expressing grievances in the public domain.

"If you possess evidence of corruption against a specific judge, the appropriate channel is to present it to the Judicial Service Commission. Making public pronouncements is unnecessary; let us wait and see what unfolds," he said.