The Kenyan Section of the International Commission of Jurists (ICJ Kenya) has warned the judiciary against engaging in dialogue with the Executive saying such talks could inhibit judicial independence.

In a statement issued Saturday, ICJ Kenya Chairperson Protas Saende stated that the Judiciary must maintain its independence, especially on issues touching on the administration of justice.

He urged the Judiciary to shun participation in discussions that risk compromising its autonomy in delivering justice.

Saende said sufficient mechanisms exist in the Constitution which empowers the Judicial Service Commission (JSC) to handle complaints against the judicial officers.

“Any concerns or complaints from the Executive should be duly registered with the JSC rather than aired in public rallies, casting aspersions on the Judiciary as a whole,” he said.

The lobby stated that recent claims by Deputy President Rigathi Gachagua against Justice Esther Maina, followed by a retraction without presenting evidence, raise concerns about the Executive’s intentions.

ICJ noted that the damage caused to the judge’s reputation as a result of the Gachagua’s attacks is significant and shows a lack of commitment to a fair and unbiased discourse.

“Considering the above, we are adamant that the invitation by the Executive may not be in good faith,” the ICJ Chairperson said.

Dropped petition

Gachagua Thursday announced that he had dropped his planned petition against Justice Maina ‘for now’ after making corruption claims against her.

“The Deputy President notes the current national discourse on judicial transparency and application of Article 10 of the Constitution of Kenya on the conduct of Judges and other Judicial Officers,” Njeri Rugene, his press aide, stated.

“In this regard, the Deputy President will not proceed with the matter of the petition, for now,” Rugene announced.

Gachagua’s change of tact came even as the Chief Justice indicated that she had reached out for audience with President Ruto to establish his concerns.

Koome said the Judiciary would invite Ruto to share any confidential information he holds on any judge involved in corruption even as she emphasised the need for aggrieved parties to engage through formal channels under the JSC.

Ruto launched an aggressive campaign against a section of judges in the aftermath of the November 28, 2023, Constitutional Court decision that declared the Housing Levy unconstitutional. By Felix Okara, Capital News