Judges deserve to be heard; Stop the attacks - CJ Koome

"I would urge our politicians to stop discussing live matters in public."

In Summary

•She said the Commission has in the last 2 financial years considered 85 disciplinary cases against judicial officers and staff.

•The commission has also dismissed 71 judicial staff from the service while 5 were reinstated.

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
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

Chief Justice Martha Koome has called for fair treatment of Judges following recent attacks on the Judiciary by high-ranking members of the executive and legislature.

Addressing the media on Monday, Koome said when judges are attacked publicly, they feel harassed.

“They feel like they are supposed to do something in a certain way. They get embarrassed. Even judges are human beings and deserve to be heard,” she said.

“The judges are not in the public domain, the comments are meant to influence them and it is wrong. I would urge our politicians to stop discussing live matters in public.”

Koome said there is an orderly way to deal with complaints touching on Judicial officers.

“Let us have an orderly way of dealing with complaints. We want to assure Kenyans that JSC has continued to deal firmly with all the allegations of corruption and misconduct presented to the commission,” she said.

“We also want to emphasise that to remove a judge from office, the provisions are specified in the Constitution.”

She said that where any or some of these grounds are alleged, the concerned judge is entitled to due process. 

“Should the tribunal recommend the removal of a judge, that judge also has a right to challenge the decision of the tribunal through an appeal process to the Supreme Court."

Over the weekend, Deputy President Rigathi Gachagua revealed that he will this week present a petition against a judge before the Judicial Service Commission.

The DP said on Sunday that he will be filing the petition at the Supreme Court headquarters on Thursday.

Koome said three judges left the Judiciary in 2023.

"One judge opted to exit the service through early retirement instead of facing the tribunal," she said.

"Two judges were subjected to the tribunal process established by the Constitution and they have since been removed from the Judicial Service."

She said the Commission has in the last two financial years considered 85 disciplinary cases against judicial officers and staff.

The commission has also dismissed 71 judicial staff from the service while 5 were reinstated.

Lawyers on Last Friday staged a peaceful protest to express their displeasure with President William Ruto's recent claim that judges are being bribed to stall his projects.

The demonstrations organised by the Law Society of Kenya saw the advocates assemble at the Supreme Court before matching to serve petitions at the Office of the President in Harambee House along Harambee Avenue in Nairobi.

The lawyers say the President's stance is a ploy to bully and force the hands of judges currently handling cases touching key Kenya Kwanza projects to make a favourable decision.

They pledge to resist the practice of pressure to ensure that the government respects the rule of law and have judges decide cases independently without being bullied.

Notable figures at the assembly were Wiper leader Kalonzo Musyoka, ODM official and law lecturer Prof Benard Shihanya, former Defence Cabinet Secretary Eugene Wamalwa, Jubilee secretary general Jeremiah Kioni alongside LSK officials, including president Eric Theuri and his deputy Faith Odhiambo.

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