Former Deputy Chief Justice Nancy Baraza on Thursday, November 8, 2024, said Chief Justice Martha Koome does not owe President William Ruto an explanation regarding some of the landmark rulings made by the Judiciary.
While appearing on Citizen TV the former DCJ stated that Koome should not be at Ruto’s beck and call as it would interfere with the autonomy of the Judiciary.
“I don’t think the Judiciary, the CJ is under obligation to respond to the President or the Deputy President’s request. They can keep quiet, they owe them no explanation,” she mentioned.
The former DCJ’s comments came after a public uproar over the Executive’s claims that Kenyan courts should be wary of national and public interests as they discharge their duties.
On Monday, November 4, Ruto appealed to the Judiciary not to be drawn into 'anti-people protests' as there is a thin line between public interest and populist politics.
The President further urged the Judiciary to exercise restraint on such matters to prevent individuals and groups whose goal is to advance their sectarian agenda.
He urged the Judiciary to promote politics based on policies and programs. The Head of State argued that his government, elected by Kenyans should be given higher regard in the courts.
“How do you respond to litigants and individuals who challenge a policy and a manifesto position canvassed among the citizens and voted for by the people of Kenya?” he asked.
Meanwhile, DP Kindiki on his part, called on the Judiciary to clarify the balance between public and national interest for Kenya’s well-being. He pointed out that, at times, the public can be mobilized for the wrong reasons which threaten national stability.
Contrastingly, former Law Society of Kenya (LSK) President Nelson Havi disputed the existence of national and public interest. He argued that national interest is an attempt to insubordinate public interest.
Havi while appearing on the same discussion on Citizen TV pressed the Judiciary to give priority to the public interest which he termed as “upholding what the law demands.” He advised that the Supreme Court should read the public mood when delivering verdicts citing the recent ruling by the Apex Court to uphold the Finance Act of 2023.
“The Supreme Court has an obligation to read the public mood and see what policy is conducive and good for the people of Kenya. It must read the ground, it must listen to the ground,” he reiterated.
Baraza in the interview asked the Judiciary to borrow a leaf from her tenure with Chief Justice Willy Mutunga on how to deal with interference from the Executive. “I remember during my term with CJ Mutunga we had very little interaction with the Executive. Probably that is what the current CJ and DCJ should do because it is very easy to get drawn into their political affairs and situations which can embarrass the Judiciary,” she noted.
CJ Koome recently came out strongly stating that she would not allow interference from higher powers in the Judiciary. She reiterated that she had never been influenced during her career.
“Nobody has ever tried to influence me. As a trial judge, as a judge of the Court of Appeal, as a Supreme Court judge, and as the President of the Judiciary. I cannot allow it; the Constitution does not allow us to be influenced by anybody or any authority. Whoever will be attempting to influence me, I will quickly refer them to the Constitution because it is written there in black and white,” Koome reiterated in an interview with Spice FM.
