Kenya judges hit back at election rivals’ ‘vile affront’ to the law

Kenya’s judiciary has lashed out at the country’s politicians for seeking to undermine its independence six days before general elections that analysts expect will result in many legal challenges. 

The two main presidential candidates, incumbent Uhuru Kenyatta and former prime minister Raila Odinga, have both been singled out in a strongly worded statement issued by the Judicial Service Commission. 

Polls suggest the presidential race is extremely tight and both men are using multiple tactics to gain whatever advantage they can as voting day nears. 

“The emerging culture of public lynching of judges and judicial officers by the political class is a vile affront to the rule of law and must be fiercely resisted,” the commission said in the statement read out by David Maraga, the chief justice. “The attacks have recently become bolder, persistent and institutionalised.” 

Judicial independence is a sensitive subject in Kenya because Mr Kenyatta was declared the winner of the 2013 presidential election only after a supreme court appeal by Mr Odinga, who was also his main challenger then, failed. 

With more than 4,000 candidates vying for fewer than 1,200 seats in the August 8 presidential, legislative and local elections, analysts predict, based on the 2013 election, that many losers will appeal against their defeats to the courts. 

The Judicial Service Commission, which is constitutionally empowered to defend the judiciary’s independence, particularly criticised Mr Kenyatta’s ruling Jubilee party. Jubilee’s secretary-general wrote to Mr Maraga this week seeking to have a judge replaced because of the justice being related to the chief election agent of Mr Odinga’s opposition Nasa coalition. 

In all, the statement listed six instances in the past eight months when politicians tried to intervene in judicial matters. Five of them involved Jubilee officials, including Mr Kenyatta on two occasions. 

On July 9, Mr Kenyatta accused the judiciary of working with the opposition after a high court ruling regarding the tendering of ballot papers. 

The following day Mr Kenyatta, along with his deputy William Ruto, “insisted that judges are working with the opposition to postpone elections”, the statement said. 

The commission also criticised Mr Odinga, the Nasa presidential candidate, and his running-mate Kalonzo Musyoka, for warning in May that their supporters would take to the streets if the court of appeal ruled against them in a case against the electoral commission. 

“We wish to state that the JSC and the judiciary will not cower to these intimidating tactics,” the statement said, adding that the commission “demands that political and other leaders cease forthwith from this ignoble conduct”. 

It said dissatisfied litigants could appeal to a higher court. 

Kenya’s judiciary has a reputation for corruption. Last year, a supreme court judge was suspended over allegations he received a $2m bribe. Mr Maraga, who took office last October, has tried to clean up the profession. 

One western diplomat said: “The judiciary is the best prepared of the different institutions participating in the election.”