Patmoz
A coalition of Kenyan civil society organizations has issued a strong statement condemning the sustained attack on the Judiciary, warning that political interference threatens the independence of the courts and the rule of law.
In their statement read this morning, Transparency International Kenya, the Elections Observation Group, the International Commission of Jurists (ICJ) Kenya, and the Center for Multiparty Democracy, highlighted growing tensions between the Judiciary and the Executive.
According to the statement, tensions between the Judiciary and the Executive have persisted since the 2017 presidential election nullification. In recent years, the Judiciary has made bold rulings, including nullifying government appointments and suspending illegal policies, triggering retaliation from the government.
A critical and demeaning development is the withdrawal of security for judges. Justice Lawrence Mugambi lost his security detail after ruling in a contempt case against the then Acting Inspector-General of Police. Similarly, Chief Justice Martha Koome’s security was withdrawn in January 2025, raising fears of judicial intimidation.
“These sustained attacks appear to be part of a concerning pattern to delegitimize the Judiciary,” the statement warned.
The Battle Over Supreme Court Judges
As far as the battle over Supreme Court judges is concerned, the attempt to remove Supreme Court judges. Multiple petitions have been filed with the Judicial Service Commission (JSC) seeking the removal of Chief Justice Koome and six other judges over allegations of misconduct and incompetence.
However, the judges have challenged the JSC’s authority, arguing that it lacks the constitutional mandate to review Supreme Court decisions. Legal challenges in the High Courts of Narok and Nairobi have halted further action by the JSC until the matter is resolved.
Judicial Accountability vs. Political Interference
The civil society groups emphasized that while judges must be held accountable for misconduct, judicial accountability should not be used as a political weapon.
“When judicial accountability becomes weaponized for political aims, it threatens the very foundation of judicial independence,” the statement read. The groups called for transparency in judicial processes while urging caution against politically motivated attacks on judges.
With the 2027 general election approaching, the role of the Judiciary in electoral disputes is critical. The Supreme Court is currently handling a request from the Independent Electoral and Boundaries Commission (IEBC) for an advisory opinion on the review of electoral boundaries and timelines.
Civil society groups stressed that a fully functioning Supreme Court is essential for resolving electoral disputes impartially. They warned that ongoing legal battles could compromise the Judiciary’s capacity to oversee the electoral process, potentially destabilizing the election.
The civil society organisations remain unbound as they continue with their clamour for the protection of judicial independence while ensuring accountability.
“The Judiciary is the last bastion for the rule of law in Kenya. If it is weakened by political interference, public confidence in our democracy will be eroded,” the statement reiterated.
