Respect the law on separation of powers  

The arrest and questioning of two High Court judges this past week has reignited fresh debate about independence of the Judiciary and the doctrine of separation of powers. Justices Aggrey Muchelule and Juma Chitembwe were arrested and taken to the Directorate of Criminal Investigations (DCI) for questioning before being released. Yet for all the drama, the judges were never told the reason for their arrest.

Chief Justice Martha Koome confirmed the DCI had not made any formal complaint or report to her office over the seizure. The Association of Judges and Magistrates has since taken the matter to court for adjudication. For that reason, we cannot discuss the merits or demerits of the case.

However, we have every reason to discuss the play-out events. Justice Muchelule is one of the six judges who President Uhuru Kenyatta failed to appoint to the Court of Appeal despite being recommended by the Judicial Service Commission.

No reason was provided for non-appointment of the judges, save for sweeping statements that some had integrity issues, which have never been made public. Justice Chitembwe was one of the judges interviewed recently for the position of Chief Justice but did not qualify.

Intimidating judicial officers

There are procedures detailing how judges can be arrested and investigated. This is because they hold reverent positions and cannot be subjected to public ridicule. Making them look like common criminals undermines the integrity of the Judiciary.

The net sum of such indiscretions is to humiliate and denigrate judicial officers, with the expectation that they will be subdued into subservience.

The history of this country is replete with cases of Executive intolerance, which was to be curbed through the 2010 Constitution. This is why we condemn the reckless and thoughtless acts of intimidating judicial officers. Independence of Judiciary is paramount.