This archive report was first published on 17 June 2020.
On June 17, 2020, Kenyans took to various platforms to express their concerns about the Judiciary's independence, citing instances of Chief Justice David Maraga's public conduct.
According to many, the Judiciary has become an unfortunate story in the minds of Kenyans, with its public spectacle playing out from the very top, the Office of the Chief Justice.
One such instance was when the Chief Justice came out to attack the President in public, a move that many saw as similar to a drowning man clutching on straws.
The Chief Justice had contested a new Executive Order, stating that the President should not list the Judiciary in it. However, many Kenyans did not take him seriously, as the Judiciary has been included in all previous executive orders.
This raised questions about the head of the Judiciary's ability to notice such things over the years, and whether he can be seen as aloof.
Another instance was when the Chief Justice begged and lashed out at the President, reminding Kenyans that the Judiciary is an independent institution.
However, what the Chief Justice forgot is that being independent in a democratic state does not mean being given a blank cheque to do whatever one wants.
As per the Constitution, the people exercise sovereign power directly or through Parliament, the Executive, and the Judiciary, with the three arms of government working independently but being interdependent to serve Kenyans.
The President, as the Head of State, has roles beyond the Executive, including ensuring that all institutions in the country follow the Constitution.
Therefore, the President's refusal to approve judges vetted by the Judicial Service Commission is not an attack on the Judiciary's independence, but rather a duty to uphold the Constitution and ensure that those in positions of power are of integrity.
A transparent, reliable, and accountable Judiciary is vital in ensuring the rule of law, which is fundamental to constitutionalism and democracy.
However, judicial independence cannot be synonymous with immunity and impunity.
The Judiciary should not feel that it is not part of the system that governs Kenya, but rather do its part to ensure that Kenyans benefit from justice and the Constitution is upheld.
