This archive report was first published on 20 June 2020.
As the temperature between the Executive and Judiciary continues to rise, it is essential to understand the stakes and the potential consequences of the current dysfunctionality.
On June 13, 2020, Chief Justice David Maraga issued a statement expressing concerns about the repeated disregard of court orders by the Executive, the lack of access to State House, and the failure to appoint 41 judges shortlisted by the Judicial Service Commission.
The Attorney General responded publicly, and in the streets, some individuals have been spreading allegations that the CJ was covering up corruption in the Judiciary.
However, a citizen had lodged a legal petition to have the CJ removed, and a netizen had forged and shared a statement stating that the Chief Justice had proceeded on terminal leave.
This situation is reminiscent of the 2017 Supreme Court ruling on the presidential elections, which produced acute tension and even saw a swarm of bees take to the streets, scattering security officers, protesters, and pedestrians.
Malawi is already experiencing a similar crisis, with the government attempting to remove Chief Justice Andrew Nyirenda, which has been internationally criticized.
At least 40 prominent Malawian and international organizations have jointly issued a strong statement in support of Justice Nyirenda.
The independence of the Judiciary is a fundamental principle underpinning the rule of law, public accountability, and good governance in Kenya.
Interfering with this principle undermines the very system of governance, and the current stand-off is crippling the Appellate court and the two specialized ones.
The absence of 11 Court of Appeal judges and 30 High Court judges is producing further delays in administering justice, and the disruption caused by Covid-19 has exacerbated the situation.
That the President has chosen to disregard the appointments submitted by the Judicial Service Commission is deeply worrying, especially considering the High Court's ruling in 2014 and 2019 that the President does not have a role in vetting judges.
Several impartial civic actors have raised concerns, and averting danger requires the President and CJ to initiate dialogue to foster mutual respect and cooperation.
Our democracy and the nation benefit nothing from a war between State House and the highest court in the land.
As Kenyatta invited us to re-imagine our nationhood during the Madaraka Day speech, we should guard against tampering with the fundamentals of our Constitution.
It is the red line that sets Kenya apart from autocratic states, and crossing this line would not be a great start for our well-campaigned UN Security Council seat.
