ICJ Kenya warns Judiciary against holding talks with Executive

The International Commission of Jurists in Kenya (ICJ Kenya) has warned the Judiciary against holding talks with the Executive that could jeopardize its independence in administering justice.

In a statement signed by ICJ Kenya Chair Protas Saende, the body emphasised that the invitation extended to the Judiciary may not have been made in good faith, further asserting that the judicial body is not subservient to the Executive.

According to Saende, discussions between the two arms of government should be conducted in a manner that upholds key democratic principles.

"Any talks between the Executive and Judiciary must abide by the principle of separation of powers, transparency, accountability, and the furtherance of our democracy, the rule of law, and the other national values and principles of governance," said Saende in the statement.

"While we acknowledge the interdependence of government arms on certain administrative matters, it is imperative to emphasise that the Judiciary must maintain its independence, especially in issues related to the administration of justice," said Saende in the statement.

Saende similarly argued that the Judicial Service Commission (JSC) and not the Executive has been designated the specific responsibility of addressing complaints related to the performance and conduct of various entities within the judicial system.

"Any concerns or complaints from the Executive should be duly registered with the JSC rather than aired in public rallies, casting aspersions on the Judiciary as a whole," he said.

He further castigated the Kenya Kwanza administration for allegedly reneging on its campaign trail promise to grant the judiciary leeway to operate independently.

"The Executive, led by the President in 2022, praised the Judiciary for its well-reasoned decisions and vowed to uphold its independence. The President’s words echoed the sentiment that court orders are not mere suggestions, but authoritative decisions meant to be followed," he said.

"It was a promising commitment to the principles that underpin our democracy. However, recent events have cast a shadow over that commitment. The wanton  attacks from the Executive and the Legislature following suit signal a troubling departure from the promises made."

The ICJ Kenya chair likewise chided Deputy President Rigathi Gachagua for alleging that Justice Esther Maina is a corrupt judiciary official.

"The recent unsubstantiated remarks by the Deputy President against Her Ladyship Justice Esther Maina, followed by a withdrawal of a petition without presenting evidence, raises serious concerns about the Executive’s intentions," he said.

"The damage caused to the judge’s reputation is significant, indicating a lack of commitment to fair and unbiased discourse. Considering the above, we are adamant that the invitation by the Executive may not be in good faith."