Outrage yesterday greeted President Uhuru Kenyatta’s attack on the judiciary over a recent court verdict that was critical of the Building Bridges Initiative (BBI), with leaders and lawyers saying it sets a dangerous precedent.
While Chief Justice Martha Koome avoided directly responding to the President, senior lawyers and some politicians condemned his remarks, terming them an attempt to intimidate judges as the appeal against the ruling is being heard at the Court of Appeal.
However, the President’s defenders countered that, like any other Kenyan, he has a right to criticise a court ruling.
Referring to the recent High Court declaration that the government-backed attempt to amend the constitution was illegal, President Kenyatta warned on Tuesday in his Madaraka Day speech that: “While I stand by the rule of law and will always obey the decisions of the courts, I am also compelled by my position to heed the sovereign and supreme voice of the people of Kenya.”
He said judges had blocked Kenyans from exercising their democratic right and questioned who would bear the burden of the economic destruction that arises from divisive elections that BBI was attempting to address.
Yesterday, CJ Koome declined to field questions from journalists in Kisumu, with her handlers saying she was running late to catch a flight to Nairobi.
‘Disgraceful’ comments
But, while speaking at the Kisumu Children’s Remand, the CJ had stressed everyone in the judiciary must play their part.
“Justice is a chain link, everybody is holding a part of that chain and whoever drops it, we all drop it,” said CJ Koome.
Earlier, Law Society of Kenya President Nelson Havi had challenged the CJ to break her silence on the President’s remarks.
“Chief Justice Martha Koome should have now defended the independence of the judiciary, threatened by pronouncements of the executive in an attempt to influence the outcome of the BBI appeal,” Mr Havi posted on Twitter.
Narc Kenya leader Martha Karua described the President’s comments as ‘disgraceful.’
Senior Counsel Ahmednasir Abdullahi said the comments breached the principle of sub judice.
Senate Minority Whip Mutula Kilonzo Jr said the comments set a bad precedent and exposed courts to accusations of bias were they to rule in favour of the executive in future.
Threatening judges
Elgeyo Marakwet Senator Kipchumba Murkomen said: “Threatening judges is not statesmanship and does not bring honour to the nation and dignity to the office of the President.”
Kikuyu MP Kimani Ichung’wah challenged the judiciary to be firm against threats and intimidations. Nandi Senator Samson Cherargei said: “The President should prosecute his appeal in the courts, not on the streets.”
Murang’a Senator Irung’u Kangata said the President’s remarks offended the doctrine of separation of powers.
Mathira MP Rigathi Gachagua asked the President to let independent institutions do their work without intimidation.
Keiyo South MP Daniel Rono urged judges not to be cowed. But nominated MP Maina Kamanda defended the President’s remarks, saying they should not be taken to mean he was intimidating the institution.
Jubilee deputy secretary general Joshua Kutuny, who is also Cherang’any MP, said President Kenyatta was just expressing his displeasure with the ruling.
Rangwe MP Lilian Gogo said the President was only pointing out that the advantages contained in the BBI risked being lost as a result of the ruling. BY DAILY NATION