EDITORIAL: Assault on Judiciary top organs is unacceptable

Chief Justice David Maraga. FILE PHOTO | NMG

Just when a sense of normalcy is beginning to return after last year’s divisive election, a segment of our society has chosen to keep the country on a warpath with the launch of attacks on the Judiciary.

The guns are squarely directed at the Judiciary’s top organs – including the Judicial Service Commission (JSC), the body that was created to shield this arm of government from Executive meddling.

The script appears to be aimed at bringing the entire Judiciary into disrepute by targeting its most important pillars – the office of Chief Justice and that of his deputy.

The unfortunate thing is that occupants of key judicial positions are being targeted for decisions they made sitting as judges.

Never mind that judges, whether sitting individually or in a Bench, are under oath to decide cases before them only in a manner that is in line with the letter and spirit of the law.

It is also not by error that the judicial system has several layers of appeal – affording those not satisfied with the decisions of specific courts or judges to seek a second opinion.

It is therefore callous for politicians and certain interest groups to continue maligning the Judiciary when they have well set out channels of addressing their grievances.

Like all humans, judges are not immune to frailties and many of them have been punished and even removed from office for misdeeds the world over.

But even here, there are well-defined procedures for doing so without injuring the entire institution.

Any petitions filed, seeking punishment or removal of officers from the Judiciary, must be thoroughly vetted to lock out malice or political expediency.

A free and independent judiciary is critical to safeguarding our democracy and nobody should be allowed to molest its sanctity.

Selfish political interests are shortlived but the hope ordinary Kenyans have in the Judiciary as their protector should be long-term, if not permanent.

It is therefore in our collective interest as Kenyans that there remains an institution whose integrity is above board and where every aggrieved citizen can go in the confidence that they will get a fair hearing. The alternative is disastrous street battles that this country is no stranger to.

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