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Kenya: Uhuru Reignites War With Judiciary Over Graft Cases

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4 years ago

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With just 348 days to the end of President Uhuru Kenyatta’s 10-year stay in office, there seems to be no end in sight for the tension between his administration and the Judiciary.

President Kenyatta, whose tenure has seen three Chief Justices, took yet another swipe at the Judiciary on Monday, insisting that it remains the weakest link in the government’s fight against graft.

When President Kenyatta was sworn into office alongside his deputy William Ruto, Justice Willy Mutunga was at the helm of the Judiciary. He was followed in 2016 by Justice David Maraga.

Justice Martha Koome succeeded her former Court of Appeal colleague in May 2021.

High-profile suspects

And all through the reigns of the three Chief Justices, President Kenyatta has blamed the Judiciary for slowing down the war on graft by dismissing charges against several high-profile suspects.

Justice Maraga often hit back at the President, insisting that courts only determine cases based on evidence. This suggested that Justice Maraga’s administration was faulting the quality of investigations and prosecutions of graft cases.

On Monday, President Kenyatta was interviewed by a group of senior editors from Kenya’s leading media houses, and he once again insisted that the lack of high-profile convictions is a problem in the Judiciary.

He suggested that the Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC) have investigated several graft cases and that Kenya’s only challenge is with getting convictions in courts.

“We have done the best we can [to prevent corruption]. If you actually look at the situation currently, there are few new cases of corruption. The key problem we are now facing is not how to tackle corruption, but how to expedite the graft cases in court,” he said.

“I’d encourage you to go to the anti-corruption commission and the DCI and see the number of files ready for court action. My prayer is that these cases can be heard and determined in the shortest time possible. The ultimate weapon against corruption is conviction.”

The back and forth on who is to blame for the lack of graft convictions has been a key source of conflict between the Executive and the Judiciary, alongside President Kenyatta’s refusal to appoint six judges nominated by the Judicial Service Commission.

During interviews for the position of Chief Justice in May, Justice Martha Koome said the public perceives the Judiciary as corrupt, but insisted that there are enough mechanisms to punish officers found to have engaged in graft.