Judiciary Clarifies Supreme Court Judge Threatening to Resign Over Dictatorship

Supreme Court judges, from left: Justices Isaac Lenaola, Smokin Wanjala, Philomena Mwilu (DCJ), Martha Koome (CJ), Ibrahim Mohammed, Njoki Ndungu and William Ouko outside the apex court premises on Thursday, March 31, 2022
Supreme Court judges, from left: Justices Isaac Lenaola, Smokin Wanjala, Philomena Mwilu (DCJ), Martha Koome (CJ), Ibrahim Mohammed, Njoki Ndungu and William Ouko outside the apex court premises.
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Judiciary

The Judiciary on Friday, March 3, flagged reports alleging that a Supreme Court judge threatened to quit. 

The report, widely shared on websites and social media platforms, claimed that the judge wanted to resign over dictatorship. 

It was further alleged that the Supreme Court Judge accused his bosses of not heeding his calls and proposals. 

However, the Judiciary emphatically rubbished the allegations and warned that they were utterly false and baseless. 

CJ Martha Koome
Chief Justice and the President of the Supreme Court of Kenya Justice Martha Koome during the admission of Advocates to the Bar on Thursday, March 2, 2023.
Kenyans.co.ke

"Fake news alert," Judiciary warned. 

Judiciary's clarification came against the backdrop of a Supreme Court ruling on an LGBTQ case concerning the National Gay and Lesbian Human Rights Commission.

A five-judge bench faulted the Non-Govermental Organisation Co-Ordination's Board for declining to register a lesbian, gay, bisexual and transgender lobby group.

Two Judges, Mohamed Ibrahim and William Ouko, disagreed with their colleagues, Deputy Chief Justice Philomena Mwilu, Njoki Ndung'u and Smokin Wanajla on the matter which sparked a serious reaction among Kenyans.  

"It would be unconstitutional to limit the right to associate through denial of registration of an association purely based on the sexual orientation of the applicants," the ruling read in part. 

Chief Justice Martha Koome and Justice Isaac Lenaola recused themselves from the case, having ruled over the same case at the Court of Appeal in 2019. 

The judges, on March 22, 2019, also ruled in favour of the LGBTQ, National Gay and Lesbian Human Rights Commission.

In March 2018, the National Assembly approved the Computer Misuse and Cybercrimes Act, 2018, which spelt out penalties for those who spread fake news on the Internet. 

Former President Uhuru Kenyatta signed it into law on Wednesday, May 16, 2018. 

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Court of Appeal and various Divisions of the High Court at State House, Nairobi for their Swearing-in Ceremony presided over by President Uhuru Kenyatta on Friday, June 4, 2021.
PSCU

Those convicted of the offence of spreading fake news face fines of up to almost Ksh5 million or two years in prison, or both.

Former Cabinet Secretary for ICT, Joe Mucheru noted that the computer and cybercrimes legislation would aid curb misinformation and disinformation. 

"There was a push to get this bill in place, especially with some of the nuisances that come in with the use of this technology," Mucheru stated. 

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