CJ Koome calls for respect of Judiciary by other arms of Gov't

The Judiciary continues to fight to uphold its independence with Chief Justice Martha Koome asking other arms of government to respect its constitutionally granted independence.

Speaking after the close of the Judiciary's heads of courts consultative meeting in Naivasha on Wednesday, the Chief Justice said that while there is a need for reciprocity and interdependence with other arms of government, the Judiciary should be given space to operate independently.

“The Judiciary will collaborate and work with the other arms of government in the spirit of interdependence and reciprocity. However, the other arms of government must respect the independence of the Judiciary,” Koome said.

A barrage of recent attacks including criticism of individual judges as well as the blatant refusal by authorities to obey court orders have both the Judicial Service Commission (JSC) and the courts concerned.

The meeting that brought together the heads of the superior courts of Kenya came as the Judiciary reels from a sustained onslaught from the Executive and sections of the legislature with the judges saying this needs to stop.

“Any case of disobedience of court orders is very serious; a court order must be obeyed with utmost obedience until it is reviewed or set aside because we are a country of law,” Koome said.

The CJ stated that the Judiciary continues to work for the expeditious delivery of justice, but that their efforts are hampered by lack of adequate financial resources.

“We asked for Ksh.43 billion as per our needs, for our budget, but we only received Ksh.23 billion and that shortage persists which is 0.06% of the national budget...that is what we received,” the CJ said.

But despite the financial challenges and the threats to their independence, the Judiciary noted that it is committed to serving its constituents through streamlining court processes, adoption of alternative dispute resolution mechanisms and use of technology.

They also committed to enhancing the fight against graft in the Judiciary.

“We will undertake a case audit of appeals/applications where the court has granted a stay of proceedings orders with a view to fast-track the hearing and determination of such pending appeals,” said Koome.

The Chief justice had come under attack for her willingness to engage with the Executive at the State House in the wake of the attacks on the Judiciary.

In her statement, the CJ said there will be continued interactions between the Judiciary and other arms of government as it seeks to communicate its needs; however, such engagements will not interfere with the independence of the Judiciary.