By Eddah Waithaka
Civil society organizations (CSOs) in Kenya have issued a strong call to protect judicial independence and accountability, warning that sustained attacks on the Judiciary threaten the foundations of Kenya’s constitutional democracy.
The organizations made the declaration during a press briefing held today at the Radisson Blu Hotel in Nairobi, addressing growing concerns over political interference, corruption allegations, and public mistrust of the Judiciary.
Felix Owuor, Executive Director of the Electoral Law and Governance Institute for Africa (ELGIA), read the statement, emphasizing the Judiciary’s critical role in upholding the rule of law and the separation of powers.
“The independence of the Judiciary gives concrete expression to two essential principles of democratic governance: the rule of law and the separation of powers,” Owuor stated.
“In a constitutional democracy like Kenya’s, the Judiciary is tasked with upholding the rule of law without improper influence, ensuring impartiality, fairness, and political neutrality.”
Judicial Independence Under Siege
The Judiciary has faced significant challenges in recent years, including corruption, political interference, resource constraints, and case backlogs. A December 2024 Infotrak survey revealed that only 34% of Kenyans moderately trust the Judiciary, while 57% expressed outright distrust.
Delayed rulings, inconsistent decisions, and public controversies surrounding judicial conduct have further eroded public confidence. The statement highlighted that recurring allegations of bribery against judges and judicial staff have exacerbated the situation, leading to increased attacks on the institution.
“The net effect of these challenges is that citizens are incrementally losing trust in the Judiciary,” read the statement.
Strained Relations with the Executive
Tensions between the Judiciary and the Executive have intensified since the landmark nullification of the 2017 presidential election. The Judiciary has issued several bold rulings, including nullifying government appointments, suspending illegal policies, and halting state initiatives.
These decisions have drawn public attacks and accusations of “judicial overreach,” leading to non-compliance with court orders by the Executive.
Eric Mukoya, Executive Director of the International Commission of Jurists-Kenya (ICJ-Kenya), pointed to recent retaliatory measures as evidence of escalating tensions.
“The withdrawal of security for Hon. Justice Lawrence Mugambi following his ruling in a contempt case against the then Acting Inspector-General of Police represents a concerning attempt to intimidate judicial officers,” Mukoya said.
“Similarly, the withdrawal of security for Chief Justice Martha Koome in January 2025 marked a further escalation, reinforcing concerns about undue influence on the Judiciary’s constitutional mandate.”
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The Conundrum of Judicial Accountability
The issue of judicial accountability has reached a critical juncture, with multiple petitions filed with the Judicial Service Commission (JSC) seeking the removal of Chief Justice Martha Koome and six other Supreme Court judges.
Prominent figures have accused the judges of gross misconduct and incompetence. However, the judges have challenged the JSC’s authority, arguing that the Commission lacks the constitutional mandate to review decisions made by the Supreme Court.
CSOs have cautioned against the politicization of accountability processes, warning that weaponizing judicial accountability for political gains threatens the very foundation of the Judiciary.
“When judicial accountability becomes weaponized for political aims, it undermines judicial independence,” the statement read, “Allegations of misconduct must be addressed through established constitutional mechanisms that uphold due process and the rule of law.”
Safeguarding Electoral Justice Ahead of 2027
With the 2027 General Election approaching, the Judiciary’s role in electoral dispute resolution has come under scrutiny. The Supreme Court, which holds exclusive jurisdiction over presidential election disputes, faces challenges that could compromise its ability to function effectively.
A pending advisory opinion from the Independent Electoral and Boundaries Commission (IEBC) seeks clarity on critical issues, including the delimitation of constituencies and the extension of constitutional timelines.
CSOs stress that a full Supreme Court bench is essential to ensure timely and impartial resolution of electoral disputes, which are vital for maintaining stability and upholding
Further, the CSOs urged all stakeholders to protect the Judiciary from political interference while ensuring accountability mechanisms remain transparent and fair.
“The future of Kenya’s democracy depends on a Judiciary that is both independent and accountable, We must restore public confidence in the Judiciary and uphold the Constitution,” said the CSOs.
As Kenya navigates these challenges, the role of the Judiciary as the last bastion of the rule of law remains critical. The ongoing legal battles and political tensions underscore the need for vigilance and collective action to safeguard judicial independence and accountability—a cornerstone of Kenya’s democratic future.
The Civil society’s that took part in the press statement include, ELGIA, Transparency International Kenya, Electoral Law and Governance Institute Africa (ELOG), International Commission of Jurists- Kenya (ICJ-KENYA), Mzalendo, Kenya Human Rights Commission (KHRC), Center for Multiparty Democracy Kenya and CRE-CO.
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