- In a statement on Thursday, they said the authorities should cease from making public criticism and attacks on the independence of the Judiciary.
- They noted that they should instead ensure that any process of investigation is fair and free from undue influence.
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The Commonwealth Associations of Law Practitioners have urged the government and public authorities to respect the rule of law and comply with court orders.
In a statement on Thursday, they said the authorities should cease making public criticism and attacks on the independence of the Judiciary.
They noted that they should instead ensure that any process of investigation is fair and free from undue influence.
"We urge the government of Kenya to respect the authority and independence of the judiciary and ensure that court decisions are respected and complied with and that due process is followed in line with Kenya’s constitution and its international obligations regarding any investigation of judicial officers for alleged corruption," the statement reads.
The Associations include the Commonwealth Magistrates’ and Judges’ Association (CMJA), Commonwealth Legal Education Association (CLEA) and Commonwealth Lawyers Association (CLA).
They expressed their deep concern over the remarks made by President William Ruto, saying they were an attack on the independence of the Judiciary.
The utterances made on January 2, have elicited reactions from several associations allied with law practitioners.
Then, Ruto accused the judiciary of teaming up with cartels to stall his legacy projects.
"I want to announce here that a few people with vested interests who are beneficiaries of corruption in NHIF are now ganging up with corrupt judicial officers to stall reforms so that fake hospital claims will continue," he said during burial in Nyandarua.
Supporting the remarks made by the Judicial Services Commission and the Law Society of Kenya following the President's speech, the Associations cited the Commonwealth Principles and Charter.
"Chapter I of the Commonwealth (Latimer House) Principles (2003) states: “Each Commonwealth country’s Parliaments, Executives and Judiciaries are the guarantors in their respective spheres of the rule of law, the promotion and protection of fundamental human rights and the entrenchment of good governance based on the highest standards of honesty, probity and accountability.”
The Commonwealth Charter states in Chapter VI that: “We recognise the importance of maintaining the integrity of the roles of the Legislature, Executive and Judiciary. These are the guarantors in their respective spheres of the rule of law, the promotion and protection of fundamental human rights and adherence to good governance.”
They warned that a democratic state based on the rule of law cannot exist or function if the government and other state authorities ignore their constitutional obligations and fail to abide by court orders.
"By virtue of its membership, Kenya is committed to the shared fundamental values and principles of the Commonwealth, at the core of which are the belief in, and adherence to, democratic principles including respect for the authority of an independent and impartial judiciary," they added.
"Any measure on the part of the state authorities which is seen as eroding the authority and independence of the judiciary is a matter of serious concern."
Awake to the fact that there should be checks and balances in the relationship between the three arms of government, the CMJA, CLA and CLEA emphasised that any process of investigation must be founded in well-established principles of procedural and other fairness.
They also noted that the same must be transparent and open, and must not be motivated by political or other inappropriate considerations.
The Associations added, The Basic Principles on the Independence of Judges (1985) state: “The Independence of the Judiciary shall be guaranteed by the State and enshrined in the Constitutional or the law of the country. All governmental and other institutions must respect and observe the independence of the Judiciary.”