- This independence is not just a legal principle; it's essential for ensuring fairness, justice, and the rule of law.
- It goes to the core of separation of powers and is vital in keeping the other arms of government in check.
Image: JUDICIARY
President William Ruto's recent comments about the judiciary in Kenya have sparked concerns about the health of the country's democracy.
Criticism from various quarters have highlighted the urgent need to safeguard the independence of the judiciary.
This independence is not just a legal principle; it's essential for ensuring fairness, justice, and the rule of law.
It goes to the core of separation of powers and is vital in keeping the other arms of government in check.
In any democracy, the independence of the judiciary is crucial.
It acts as a check on the executive branch, making sure that the constitution is followed to the letter.
There is a need for a judiciary to be free from political pressures to maintain the rule of law.
A functioning democracy relies on the rule of law, and an independent and impartial judiciary is its cornerstone.
When the judiciary is free from external influence, citizens can trust that their rights will be protected, regardless of political affiliations.
Citizens need to have confidence that the judiciary will shield them from any violation of their constitutional rights.
The separation of powers is fundamental to a robust democracy, with each branch acting as a check on the others.
There is a need to reinforce this separation to prevent an imbalance of power that could lead to excesses on the part of some arms of government.
Public trust in the judiciary is essential, and harsh remarks by the head of state can undermine this trust.
Strengthening judicial independence is not just a legal requirement but a crucial step in restoring and enhancing public confidence in the state and government.
While the Constitution of 2010 was a significant stride in ensuring judges make decisions without undue influence, flaws persist.
Allegations of bribery and other challenges exist within our judicial system.
Addressing these issues is crucial and a priority, but engaging in unwarranted criticism can be counterproductive.
Where evidence exists or there are reasonable grounds to believe judicial officers have violated their oath of office, the prudent approach would be to invoke the mechanisms available within the law to address these conclusively.
Prosecuting these issues on the political podium undermines the stature of an arm of government that thrives on the public’s perception of its fairness, independence and impartiality.
Constructive reform is necessary for a fair, effective and ever-improving judicial system.
Calls for judicial reforms may be justified, but recent remarks risk destabilising the country.
Advocating for reforms should be a constructive and inclusive process, steering clear of unwarranted generalised or personalised attacks.
Strengthening judicial independence must be the focus of reforms, protecting it from political influence for fair and impartial adjudication.
Kenya is at a crucial juncture, and the call for judicial reforms may be justified and necessary.
However, this call must be accompanied by respect and constructive engagement.
A balanced and respectful discourse is key to achieving much-needed reforms and ensuring the continued progress of Kenya's democracy.
The president himself has been a beneficiary of judicial redress, therefore, he must ensure this pillar of our democracy is strengthened, not broken, for the benefit of all.
Samuel Kimeu is the Executive Director of Africa’s Voices. [email protected]