While President Uhuru Kenyatta has been on the spotlight for going against various court orders, the judiciary is also being faulted for some of its decisions.
Speaking at TV47’s Morning Cafe show, Lawyer Ndegwa Njiru said that the Judiciary is partly to blame for President Kenyatta’s flouting of court orders.
“The President is unable to follow some of the court orders because the judiciary has also made it very difficult for us to live,” Njiru said.
On the matter of impeaching Wajir Governor Mohamed Mohamud Abdi in May, and installing Deputy Governor Ali Muktar in his place, CJ Koome was put in the spotlight.
“When the Chief Justice sits on the Wajir file which is quite urgent, we are perplexed that she has been indolent in appointing a bench to delegate the impeachment matter. There is a lot of confusion in Wajir and it is the judiciary at fault,” Njiru added.
Furthermore, the advocate was of the opinion that the judiciary contravened the Assumption of Office of Governor Act in the swearing-in of Deputy Governor Ali Muktar.
“As a practitioner I expect the CJ to look at the expediency of each case. I expect the Chief Registrar before designating a judge to go and swear in a person, to look at the Assumption of Office Act. Why didn’t that happen?” Njiru posed.
Recently, President Kenyatta approved the appointment of 34 judges and rejected six that were recommended to him by the Judicial Service Commission. While Kenyans grapple with the integrity issues related to their rejection, Lawyer Kusienya reduced CJ Koome’s statement on the issue as a mere “safety net.”
“According to the Constitution, there is no two ways about this. Once these names have been presented to the President, he is supposed to appoint all of them. Appoint all of them, and then after that initiate the process of their removal. I expected the CJ to really emphasize on that point. Being quiet about it does not paint a very good picture to the institution,” Kusienya opined.
With their rejection now raising eyebrows on their performance in their current positions, and future decisions they may undertake, Kusienya questioned their legality in their current offices.
“If the six are having an integrity problem, yet four of them sit at the High Court, does it mean that it is okay for them to serve at High Court with integrity issues but they are not fit for the other offices they were vetted on?” Kusienya posed.
The four are justices Muchelule Aggrey Otsyula, Justice Korir Weldon Kipyegon, Justice George Vincent Odunga, and Justice Joel Mwaura Ngugi.
Justices Odunga and Ngugi even sat at the bench that declared the Constitutional Amendment Bill 2020 popularly known as BBI as unconstitutional, null, void, leaving questions lingering over their legibility to have been at the bench.
Njiru said that CJ Koome should walk the talk, when she promised that “justice has come home” during her swearing in as CJ on May 21.