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Civil Society Condemns Attacks on Judiciary, Calls for Respect of Judicial Independence
The 254 Informant
March 12, 2025
In a strongly worded press conference, civil society organizations have condemned what they describe as incessant attacks on the judiciary, particularly targeting the Supreme Court. They warned that such interference threatens the rule of law and democratic stability in Kenya.
A Call to Protect the Judiciary
The main objective of this press conference is for civil society organizations to add our voices on the need to safeguard and protect judicial independence
The statement comes amid growing concerns over allegations of judicial bribery and external influence on court rulings, which have raised serious questions about the credibility of Kenya’s legal system.
Judicial Independence Under Threat
The civil society groups pointed out that Kenya’s democracy hinges on strong institutions that protect fundamental freedoms. However, they noted a disturbing trend where unfavorable court rulings are met with hostility from other arms of government.
The problem is not the judiciary’s independence on paper; it is the lack of respect for the Constitution by the executive and even the legislature.
They further highlighted Kenya’s troubling history of disbanding electoral commissions, citing that in seven multi-party elections, the country has dissolved its electoral body seven times. They argued that similar patterns of interference in the judiciary could have dire consequences for democracy.
The country is currently in the process of reconstituting the IEBC. We have had seven multi-party elections, and we have disbanded the Electoral Commission seven times. The ongoing debates that seem to suggest the disbanding of the Supreme Court go against the principles of liberal democracy, which demand strong institutions to uphold democracy, human rights, and constitutional freedoms.
Bribery Allegations and Public Trust
During the press conference, Gerald Kombo posed a question regarding the rising allegations of judicial bribery and external influence:
With the rising allegations of judicial bribery and external influence, what concrete reforms are needed to restore public trust in the judiciary?
In response, Robert Waweru, Program Advisor - Electoral Justice at the Kenya Human Rights Commission (KHRC), acknowledged that while no institution is without flaws, due process must be followed in addressing misconduct.
We are not here to claim that the judiciary is entirely clean. Like any institution, it may have challenges. However, the Constitution provides clear mechanisms for addressing judicial misconduct. These matters should not be decided in funerals or on social media.
He emphasized that anyone with credible evidence of judicial corruption should file petitions with the Judicial Service Commission (JSC), which has established legal processes to handle such cases.
If a judicial officer is found guilty, there are constitutional procedures—including a tribunal appointed by the President—to determine their removal. The rule of law must be followed, or we risk turning Kenya into a banana republic.
Call to Respect the Constitution
The civil society groups called on all arms of government to respect constitutional mandates and allow the judiciary to function independently.
There are clear systems of checks and balances. If those systems are followed, we will not have a problem with judicial independence.
They urged the executive and legislature to refrain from undermining the judiciary and instead focus on upholding democratic principles.
The Constitution lays out very clear procedures. The issue we are facing is not a lack of institutional frameworks, but a deliberate disregard for constitutional provisions. If every institution played its mandated role without interference, judicial independence would not be in question.
Independent Institutions Must Be Respected
The groups also addressed tensions between independent commissions, affirming that both the Judiciary Service Commission (JSC) and other independent bodies have distinct constitutional mandates.
We must appreciate that both commissions have an important role in the administration of justice. While there may be disagreements, the ultimate goal is transparency and justice for Kenyans.
They called for mutual respect between institutions, emphasizing that no institution should be used as a tool for political manipulation.
At the end of the day, both institutions need to be protected. There’s a reason why the Constitution provided for independent institutions. Each has a unique role to play, and those roles must be respected.
Conclusion: A Warning Against Political Interference
As the debate over judicial integrity rages on, the civil society organizations reaffirmed their commitment to defending democracy and the rule of law. They warned that continued interference in the judiciary could erode public trust and destabilize the country’s governance structure.
The call for reforms and accountability remains urgent, but as Robert Waweru stressed, these processes must be handled through legal frameworks—not through public intimidation or political manipulation.
If we truly believe in democracy, then we must respect the very institutions that protect it.
The 254 Report will continue to monitor and report on the evolving situation surrounding judicial independence and governance in Kenya.