Is the Director of Public Prosecution a threat to the independence of judges, magistrates and other judicial officers as the Kenya Judges and Magistrates Association says in a petition filed in court last week seeking to block the arraignment of Mombasa principal magistrate Edgar Kagoni?
We would not wish to go into the particulars of a matter in court. Our concern is whether anybody or group of people should be ring-fenced from prosecution just because a comrades' association thinks so.
Officers of the law should not be at war when Wanjiku or, for that matter, one of their own is wanted to answer to matters not in conformity with the law.
Judges and magistrates do not have legal immunity. The argument advanced by some law comrades that the DPP acts in a certain manner due to "wounded pride" lacks merit.
Lawyers invaded the courtroom when Deputy Chief Justice Philomena Mwilu had matters to answer in court. Was that in solidarity with the DCJ or a "dare you try" intimidation of the DCI and DPP?
Kenyans do not expect members of the KJMA to behave like placard-waving trade unionists in matters to do with the law.
No one, including judicial officers, is above the law. That is how the formulators of the Supreme Law intended.
