The International Commission of Jurists (ICJ Kenya) has accused the National Intelligence Service (NIS) of running an illicit enterprise that intimidates judges and other judicial officers.
NIS officers reportedly threaten and harass judges while conducting their mandate to ensure their judgments are friendly to certain State officials.
ICJ Chairman Kelvin Mogeni said at Panafric Hotel yesterday that the intimidation happens during adjudication or after decisions are delivered that are not perceived as favourable to the executive arm of government.
“These allegations of interference contravene the normative frameworks and principles espoused in the international, regional and constitutional safeguards that guarantee judicial independence and, in particular, decisional independence,” he said.
These complaints come barely two weeks after the ICJ wrote to the NIS Director-General Philip Kameru on October 8 demanding an investigation into the allegations.
ICJ wants persons abusing their privileged positions in public office to intimidate judicial officers to face the consequences of their actions.
Harassment
“The 2010 Constitution guarantees the independence of the Judiciary and specifically insulates the institution from the control or direction of any person or authority. We wish to posit that the independence of the Judiciary must be jealously guarded, upheld by refraining from interfering in its work,” states the letter.
The ICJ said the Judiciary is at risk unless the harassment cases are addressed urgently.
Despite the numerous safeguards offered by both national and global standards, Mr Mogeni said, judges still continue to suffer various forms of intimidation. These range from psychological torture to extortion, transfer, proceedings for carrying out their professional duties and unlawful removal from office.
“We wish to remind all stakeholders that the independence of the Judiciary must be jealously guarded, upheld by refraining from interfering in its work and by compliance with its decisions and rulings…individual judges and judicial officers must enjoy personal independence without fear of reprisals,” he stated.
Mr Mogeni lauded the recent ruling by the High Court that is likely to sidestep President Kenyatta’s ‘powers’ to swear in six judges to the Court of Appeal as recommended by the Judicial Service Commission. He termed the President’s failure to obey court orders as “regrettable”. BY DAILY NATION