Confront judicial misconduct, don’t defy courts

Towards the end of 2022, the Judiciary disclosed that the courts had recorded a case clearance rate of 94 percent, where 381,317 out of 404,312 cases filed were resolved. However, the credibility of the Judiciary on fair judgment decided on some political cases has come into question.

No institution is immune to criticism. It is not criminal to criticise the Judiciary. Also, the Judiciary has made rulings that have raised eyebrows before, and it would be foolhardy to classify criticism as an attack on the institution.

These are genuine calls for accountability, done in good faith, and should be encouraged, and concerns acted upon. As it has been noted, the Judiciary cannot exist without the trust and confidence of the people. Judges must, therefore, be accountable to legal and ethical standards. If the Judiciary is not held accountable, the last line of defence of the people stands breached.

More than any other branch of government, the Judiciary is built on a foundation of public faith. Judges do not command armies or police forces, they do not have the power of the purse to fund initiatives and they do not pass legislation. Instead, they make rulings on the law. Rulings that the people must believe came from competent, lawful and independent judicial officers.

No doubt, corruption in the judiciary must be fiercely fought. It should not be lost to Kenyans that the judiciary needs to continue fundamental reforms, initiated under the former Chief Justice Willy Mutunga, and accelerated under Chief Justice David Maraga.

However, reforms and the fight against graft in the Judiciary must be waged in accordance with the Constitution and legal standards, principles and ways. In holding judges accountable for their behaviour, judicial conduct review must be performed without invading the independence of the Judiciary.

Over the years, politicians and power brokers have engaged in coordinated attacks on the Judiciary. That is why when President Ruto publicly threatens to defy court orders and accuses the Judiciary of corruption and sabotage, Kenyans expect evidence, without which, it is considered a plot by the Executive arm of the government to capture the Judiciary. Defying court orders is a double-edged sword; it can hamper a fair and just legal process, lead to anarchy and flame up the entire country just for a few individuals to achieve their selfish goals.

Raphael Obonyo, Nairobi

Woe unto us when politicians decide on court orders to defy and those to obey. Kenya should be very careful that the unofficial disregard of the courts does not breed official disregard of court orders.

If the executive, parliament and politicians go ahead and defy court orders, let us be very clear about the consequences- it is the beginning of anarchy, people governed by the law of the jungle, a situation in which people do whatever they want to survive or succeed.

Make no mistake, the judiciary is the last line of defence, after that there is nothing, especially in situations where parliament is a sop. Only the Judiciary can keep the government in check, that is why judges must find their backbones and handle cases in a manner that inspires public confidence.

Mr Obonyo is a Public Policy Analyst. Email: [email protected]