The Judiciary
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The relationship between Kenya's executive and judiciary has deteriorated to a new low following Chief Justice Martha Koome's protest against the withdrawal of security for a judge who had sentenced the acting police chief to jail for contempt of court.
This incident marks the latest escalation in a series of confrontations between the two branches of government, which had peaked when President William Ruto accused the judiciary of corruption in January, prompted by judicial orders blocking key policies of his administration. After weeks of acrimonious exchanges, a meeting at State House between the conflicting parties led to an uneasy ceasefire. However, this truce was short-lived as evidenced by recent events. Chief Justice Koome discloses that the National Police Service (NPS) has removed the security detail assigned to Justice Lawrence Mugambi, a move widely interpreted as retaliation for the High Court judge's decision to sentence acting Inspector General of Police Gilbert Masengeli to six months in prison for contempt of court.
The removal of Justice Mugambi's bodyguards and driver occurred shortly after the judge imposed the sentence on Mr Masengeli for failing to appear in court to explain the whereabouts of three missing individuals. Before this, Justice Mugambi had summoned a senior administration police officer, Lazarus Opicho, for allegedly conducting surveillance on him before the hearing. While Mr. Opicho appeared in court and apologized for his conduct, Mr. Masengeli did not comply with the summons. Chief Justice Koome, in her capacity as chair of the Judicial Service Commission (JSC), strongly condemns the withdrawal of Justice Mugambi's security, characterizing it as an act of intimidation and a violation of judicial independence.
She demands the immediate reinstatement of the judge's security, emphasizing that any alterations to a judge's benefits or conditions of service, including security arrangements, cannot be made to their detriment, particularly in response to the lawful execution of their judicial duties. The case that precipitated this conflict involved the alleged abduction of activist Bob Micheni Njagi and two brothers, Jamil and Aslam Longton, by individuals believed to be police officers. The Law Society of Kenya (LSK) filed a petition at the High Court, stating that the three men were active on social media, advocating for the rejection of the finance bill and encouraging youth participation in protests.
The abductions, which occurred in Kitengela, have sparked outrage and concern among human rights groups and the public who view the incidents as a crackdown on dissent and freedom of expression. This latest clash underscores the ongoing power struggle between the executive and judiciary in Kenya. President Ruto's administration has faced numerous legal challenges since taking office in August 2022, with proposed reforms meeting resistance from the judiciary. In January 2024, a High Court in Nairobi declared the housing levy unconstitutional, a decision that provoked anger within the executive and led to accusations of judicial corruption by the president.
The tension between these two branches of government is not a recent development in Kenya. Historically, the executive wielded significant influence over the judiciary, with the president having unilateral control over appointments within the Judicial Service Commission. However, the 2010 Constitution reshaped this landscape, enhancing judicial independence through key reforms such as the establishment of the Supreme Court and the creation of a judiciary fund. Despite these advancements, the relationship between the executive and judiciary remains fraught with challenges.
The executive's reluctance to fully embrace judicial autonomy is evident in instances such as the refusal to confirm judicial appointments and the imposition of budgetary constraints on the judiciary. These actions contravene the spirit of the 2010 Constitution and signal an attempt to maintain centralized control.