This archive report was first published on 19 June 2020.
Kenya's Judiciary has become a major threat to the country's social fabric, with corruption and a lack of accountability at its core. The institution has failed to uphold the rule of law, prioritizing the interests of the powerful over those of the vulnerable.
Chief Justice David Maraga has been at the forefront of this crisis, using his position to protect corrupt judges and undermine the Executive. His actions have put the lives of ordinary Kenyans, including women and children, at risk.
One notable example of the Judiciary's failure is the case of Justice Said Chitembwe, who released a sex predator in 2017 despite the defendant's admission of guilt. The judge's ruling was based on the claim that the child 'appeared to be willing to have sex with the defendant.'
Another case that highlights the Judiciary's corruption is the acquittal of Pastor Ng'ang'a in May 2018 for reckless driving, which resulted in the death of a woman. The judge, Godfrey Oduor, ruled that the prosecution had failed to prove its case, despite witnesses testifying that the pastor had been drunk and had fled the scene.
The Judiciary's corruption has also been evident in its handling of cases related to the war on drugs. In 2018, Justice George Odunga quashed a directive by President Uhuru Kenyatta to crack down on illegal brews, effectively giving the green light to the manufacture and sale of illicit alcohol. This decision has had devastating consequences for the country's youth, who are increasingly turning to substance abuse.
Furthermore, the Judiciary has been accused of colluding with drug traffickers and peddlers, allowing them to evade prosecution and continue their activities with impunity. The case of the Akasha brothers, who were convicted and sentenced in the US after their extradition, is a notable exception to this trend.
Chief Magistrate Edgar Kagoni has also been accused of frustrating the war on drugs, with the disappearance of Sh30 million worth of heroin from his court being a prime example. This is just one of many cases that highlight the Judiciary's failure to uphold the rule of law and protect the country's social fabric.
As a result, Kenyans are left feeling unsafe and vulnerable, with many cases of corruption and abuse of power going unpunished. The Judiciary's corruption has become a major threat to the country's social fabric, and it is imperative that action is taken to address this crisis.
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