CJ Koome’s Predicament over Uhuru’s renewed attack on Judiciary

Chief Justice Martha Koome entered office at a time when succession is looming, and the retirement of President Uhuru Kenyatta in 2022 might complicate her endurance in that position. 

Uhuru’s Madaraka Day speech was threatening the judiciary in what he termed an attempt of the judiciary to create a constitutional limit on the sovereignty of the people. 

Deputy President William Ruto, touted as a frontline presidential candidate, stated that the legislature should be robust, with a performing Executive and an independent and robust judiciary. The DP’s undertone was an indirect attack on the presidency.

The manner in which Koome will respond to the way the Executive’s attack on the judiciary will determine her legacy as the Chief Justice of Kenya. In 2017, former Chief Justice David Maraga made a landmark ruling that stunned the Executive and the entire nation.

Maraga made history as the first Chief Justice to nullify a presidential election, while invoking the Constitution of Kenya and the fidelity of the Rule of Law. The ruling marked the genesis of a vicious battle between the two arms of the government.

Building Bridging Initiative (BBI) is a major litmus paper for CJ Koome, as the political class struggle to prove their mighty influence to the dilution of the independence of the judiciary. Keen observers would attest the Executive’s plot to manipulate the judiciary, as was evidenced during the 58th Madaraka Day held at Kisumu.

Law Society of Kenya (LSK) President Nelson Havi attacked the Chief Justice for not retaliating over Uhuru’s remarks which were meant to interfere with independence of the judiciary.

“Chief Justice Martha Koome should have by now defended the independence of the Judiciary, threatened by pronouncements of the Executive in an attempt to influence the outcome of the BBI Appeal. Well done President Daniel Musinga JA for the firm directions on the matter,” stated Havi.

The Court of Appeal President Daniel Musinga declared that the BBI Appeal case shall be heard between June 29 and July 02. Musinga’s pronouncement shocked the Executive after he thrashed the request of Attorney General Paul Kihara that the case be filed under Certificate of Urgency.

Musinga further disclosed that the case would be heard and determined by a seven judge bench. 

BBI Bill was declared unconstitutional by the High Court last May. The Appeal case was filed by the Executive, Independent Electoral and Boundaries Commission (IEBC) and ODM Party.

Musinga advised that the matter shouldn’t be prosecuted over the media for the court is on course to make a fair ruling.