Tension between the executive and the judiciary in Kenya: The need to preserve the independence of judges
Kenya is currently the scene of a power struggle between the executive and the judiciary. This situation stems from statements by President William Ruto, who claimed that the judiciary was collaborating with unidentified people to obstruct his government’s policies through judicial rulings. In a scathing response, some of the lawyers asked the president to name the incriminated judges.
Faced with these revelations, the Law Society of Kenya organized a peaceful protest against the president, accusing him of crossing the limits of his mandate and failing to respect the rule of law. The president of the Law Society of Kenya insists William Ruto’s statements could plunge the country into anarchy.
Eric Theuri, president of the Law Society of Kenya, said: “If the president says that as a Kenyan he can choose whether or not to obey a court order, what is stopping any “What other Kenyan would say we will not respect these decisions? The path we have chosen can only lead to one thing: anarchy.”
According to Kalonzo Musyoka, a member of the opposition, the president seeks to intimidate judges to obtain court decisions favorable to his government.
Chief Justice Martha Koome earlier responded to President William Ruto saying the judiciary and the executive are equal powers in government, and judges will discharge their duties independently and without fear or favor.
This situation raises important questions about the independence of the judiciary in Kenya. It is essential to preserve this independence in order to guarantee the rule of law and the protection of citizens’ fundamental rights. Intimidating judges and questioning their decisions weakens public confidence in the justice system and can even lead to attacks on the democratic order.
It is necessary for the executive and the judiciary to collaborate in a respectful and independent manner, recognizing the importance of the role of each institution in the proper functioning of democracy. Safeguards must be put in place to ensure that judges can make decisions independently, without fear of reprisal or intimidation from the executive.
Kenya must face this challenge responsibly and constructively, strengthening the independence of its judiciary to ensure public confidence in the rule of law. Kenyan citizens deserve a fair and impartial justice system that protects their fundamental rights and freedoms.