This archive report was first published on 12 June 2021.
CJ Koome's Tightrope Act: Experts Warn of Confrontation Risks ¶
Chief Justice Martha Koome's quest to unite the Judiciary and Executive has raised concerns among experts, who warn that her approach may see her fall into a trap that could dent her aspirations.
According to sources, Koome has twice publicly called out President Uhuru Kenyatta for rejecting the promotion of six judges - Joel Ngugi, Weldon Korir, George Odunga, Aggrey Muchelule, Evans Kiago, and Judith Omange.
High Court judges Ngugi, Korir, Odunga, and Muchelule were poised to ascend to the Court of Appeal, but their promotions were rejected by President Kenyatta.
"As Chief Justice and the chairperson of Judicial Service Commission (JSC), all persons recommended for appointment by JSC must be appointed as judges," Koome urged on June 11 during the swearing-in of Court of Appeal President Daniel Musinga.
However, renowned lawyer David Matsanga has cautioned Koome against openly castigating Uhuru, warning that she may fall into the same position former Chief Justices David Maraga and Willy Mutunga were at, engaging in open confrontations with the Executive.
Matsanga stated that the ongoing tug-of-war between the Executive and Judiciary has a variety of consequences, including the potential to negatively impact the performance of both arms of government and citizens.
"Lady Koome should choose dialogue as opposed to confrontation. Former CJ Maraga chose confrontation and that left anxiety to date," Matsanga advised Koome.
On the other hand, Advocate Apollo Mboya urged for restraint from Koome's critics, stating that it was too early to judge the CJ and her approach.
Canon Francis Omondi, a priest of All Saints Cathedral Diocese Nairobi and an adjunct lecturer at St. Paul's University Limuru, urged Koome to anchor on her human rights past and activism, stating that upholding justice must not be situational.
"Justice is about equal rights and access to justice for those denied it. Delivery of justice must start within the judiciary," Omondi stated in his column published in the Elephant.
