The Kenya Magistrate’s and Judges Association (KMJA) has condemned the recent verbal attacks on members of the judiciary by the political class over the unfavourable judgment involving the Building Bridges Initiative (BBI).
In a statement to newsrooms, the association said it has been alarmed by the daily attacks directed at the individual judges who sat on the bench that nullified the proposed referendum under the BBI.
“Such attacks are an affront to the decisional independence of the judges and the rule of law. What is surprising is that even high ranking and powerful officials in the Republic of Kenya have openly threatened the judges who participated in the petitions,” said the Association.
Through its Secretary-General Derrick Kuto, the association noted that there are past and documented incidences where judges and judicial officers as well as their associates have been attacked in their line of duty.
He described the utterances made by political class against the Judiciary as ancient, irresponsible and retrogressive.
‘Veiled threats’
Mr Kuto called on the Inspector General of Police to investigate the said utterances with a view to prosecuting the culprits.
“The Cabinet Secretary in charge of the Ministry of Interior and Coordination of National Government should immediately assure Kenyans that our judges and judicial officers are safe given the sensitive nature of their assignments,” said Mr Kuto.
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He stated that the ‘veiled threats’ will not dissuade the judicial officers from boldly dispensing our duties independently and within the law.
“Kenyans would recall that in 2007-2008, this country plunged into chaos partly because there was no faith in the Kenyan courts then. The loud voice of Kenyans on the independence of the Judiciary in the Constitution of Kenya 2010 cannot therefore be ignored,” said the SG.
In his view the many petitions filed in court over the BBI case and that many Kenyans generally litigate their issues in court, is testament of their faith in the Judiciary.
Independent Judiciary
“This is what entails the rule of law as opposed to anarchy and impunity. The Kenyan judiciary is respected globally for its decisions. We should be proud of our Judges for offering jurisprudential leadership worldwide,” said Mr Kuto.
He further explained that an independent judiciary means having judges who can make decisions purely based on the facts before them, the law and the Constitution.
“Wanjiku should therefore be concerned at those who wish to take us back to the 80’s and 90’s where the judiciary was perceived to be an appendage of the Executive. KMJA calls upon all Kenyans of goodwill to frown upon those who wish to castigate judges for doing their work and ultimately bring down the judiciary for their selfish interests,” said Mr Kuto.
He said those dissatisfied with any court decision to follow the correct procedure of lodging an appeal or seeking a review.
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