This archive report was first published on 9 June 2020.
Published on June 9, 2020, the tension between the Executive and Judiciary in Kenya has reached a boiling point. President Uhuru Kenyatta's refusal to appoint 41 judges has sparked outrage among lawyers and civil society leaders, who argue that this action undermines the independence of the Judiciary.
Law Society of Kenya president Nelson Havi has called on the President to lead by example and obey court orders. He accused the President of showing a bad example by refusing to appoint the judges, saying that this is a breach of the contract between the President and the people to uphold the Constitution.
“The President should lead by example and obey the court orders by appointing the judges. I think it is the President’s advisers misleading him since they should tell him that the government must obey and follow the rule of law,” said Havi.
Kenya Human Rights Commission Executive Director George Kegoro has also weighed in on the issue, urging the President to respect court orders and appoint the judges. He argued that the ongoing impasse undermines the presumption of regularity in performance of official duties.
“Each day the impasse remains unresolved contributes to the erosion of confidence between departments and will encourage public officials to question regularity of one another’s decisions and the loss of public confidence in government decisions,” said Kegoro.
Veteran lawyer Dr John Khaminwa has also expressed his disappointment with the government's decision to disobey court orders. He said that it is painful for lawyers to work hard to secure a court order, only to see it being violated.
“It is painful for a lawyer to go home celebrating that you have won a case only to be woken up in the middle of the night that the court order you secured is being violated,” said Khaminwa.
