Chief Justice Martha Koome was cornered after she was asked whether President William Ruto would have accepted the Supreme Court decision on the Presidential petition had he lost.
In an interview with American journalist, Steve Clemons, on Friday, December 9, Koome was put to task to explain if she believed that the Kenya Kwanza side would have questioned her ruling if it was issued in favour of former Prime Minister Raila Odinga.
Clemons noted that Raila accepted but did not agree with the ruling and further called out the Judiciary.
"If the numbers were reversed and suppose Ruto received 48 per cent and Odinga 51 per cent, do you believe that the belief in the institution and the strength of the court would have been respected in that category as well?" he posed.
On her side, the CJ was hesitant to answer the question, concurring with Clemons that it was indeed hypothetical.
"The problem with judges is that we do not answer hypothetical questions, we deal with real problems," she responded.
Despite her reluctance to address the analogy, the American journalist kept pushing to get a response from the CJ, who toured Washington, DC.
"You were a little political when you were younger and advocated for reforms," Clemons insisted.
"20 years I go I became a judge. I just deal with evidence and I pronounce myself according to evidence and I am very reluctant to deal with hypothetical questions," the CJ maintained.
On the other hand, Koome underpinned the need to have an independent Judiciary, noting that their decisions were not influenced by the Executive.
"As a court, we are not influenced externally by anybody in the name of the Executive or any other authority.
'We follow the law. We follow the 2010 Constitution and the evidence brought before us to make a decision," she stated.
After moving on from the 2022 General Election heartbreak, Raila Odinga castigated the Judiciary, claiming that it was in bed with President William Ruto's administration.
The Azimio La Umoja leader lamented that the verdict used to nullify his election petition was too political, citing an attack on his battery of lawyers. CJ Koome referred to their efforts to overturn the declaration of William Ruto as President-elect as hot air, a wild goose chase with fabricated evidence.
In his subsequent addresses, Raila claimed that the Judiciary was enticed by Ruto's offer to effect and increase the Judiciary Fund. Ruto was also accused of appointing judges to charm the Judiciary.
Ruto, however, rejected all allegations, arguing that he was promoting democracy. He even advised the Parliament to create the office of the Official Opposition Leader, a move analysts argued was hatched to tame Raila.
