By Steve El Sabai
In recent months, Kenya has witnessed a worrying trend of sustained attacks on the Judiciary through political rallies, press statements, and social media campaigns. These developments threaten the delicate balance between judicial independence and accountability, both of which are fundamental to the country’s democratic stability. As civil society organizations and legal experts raise concerns, it is crucial to reaffirm the Judiciary’s role as a pillar of justice and the rule of law.
Judicial independence is the bedrock of any functional democracy. It ensures that legal decisions are made impartially, free from political pressure or external interference. The separation of powers guarantees that no arm of government wields unchecked authority, reinforcing a system of governance where the law prevails over personal or political interests. The Judiciary’s primary mandate is to uphold the rule of law, ensuring justice is served fairly and without bias. Any attempts to intimidate or undermine judicial officers erode public confidence in the legal system and set a dangerous precedent for governance.
While judicial officers must be held accountable for their actions, accountability must not be weaponized to suppress judicial independence. Legitimate concerns regarding judicial integrity should be addressed through established legal frameworks, such as the Judicial Service Commission, rather than through public attacks, political rhetoric, or attempts to manipulate the Judiciary to serve political agendas. Judges must be allowed to make decisions based on legal principles, not external pressure or intimidation.
Civil society organizations play a crucial role in protecting democratic institutions and advocating for a strong and independent Judiciary. Their efforts in raising awareness and holding leaders accountable help safeguard the courts from undue influence. At the same time, the public must recognize the Judiciary’s role in protecting their rights. An independent legal system ensures that justice is accessible to all and that the rule of law is upheld regardless of political or social status. A compromised Judiciary would pave the way for impunity, eroding the very foundation of democracy.
Political leaders, institutions, and citizens alike must commit to defending judicial independence. Respect for the Judiciary must be upheld, ensuring that judges can execute their duties without fear or pressure. Constructive engagement, rather than public intimidation, should guide discussions on judicial accountability. Institutions responsible for oversight must be strengthened to ensure accountability is pursued through legal and constitutional means. Moreover, civil society and the media must continue educating the public on the critical role of the Judiciary and the dangers posed by political interference.
Judicial independence and accountability are not opposing principles; they are complementary forces that reinforce Kenya’s democratic governance. The courts must be allowed to operate without undue influence while maintaining the highest ethical and professional standards. Any assault on judicial independence is an attack on democracy itself. As a nation, it is our collective responsibility to ensure that the Judiciary remains a beacon of fairness, integrity, and justice for all.