In recent months, Kenya’s judiciary has found itself at the center of a storm, with allegations of political machinations aimed at reshaping the Supreme Court to align with government interests.
The covert tussle threatens the very foundation of the nation’s democracy, as the independence of the judiciary is called into question.
These incidents underscore the delicate balance the judiciary must maintain in a politically charged environment.
The situation presents a pivotal moment for Kenya’s democracy. The outcome of these petitions could set a precedent for the future of judicial independence in the country. Legal experts warn that succumbing to political pressure could erode public confidence in the judiciary.
As the nation watches closely, the judiciary’s resilience and commitment to upholding the rule of law will be tested. The hope is that justice will prevail, free from external influence, ensuring that the scales of justice remain balanced for all Kenyans.
The catalyst for this upheaval has been a series of petitions filed against Chief Justice Martha Koome and her six colleagues on the Supreme Court bench. Notably, former Law Society of Kenya (LSK) President Nelson Havi, alongside 12 other advocates, submitted a petition on 13 January 2025, seeking the removal of all seven judges. The petitioners cited alleged gross misconduct and incompetence as grounds for their removal.
The move has been perceived by many as an orchestrated attempt to undermine the judiciary’s independence. An anonymous source within the legal fraternity remarked, “There’s a growing concern that these petitions are less about justice and more about installing compliant judges who will toe the government’s line.”
Judicial Pushback
In response to these petitions, the embattled judges have taken a stand. Chief Justice Koome, her deputy Philomena Mwilu, and Justices Njoki Ndung’u, Mohamed Ibrahim, and Isaac Lenaola have filed separate cases before the High Court against the Judicial Service Commission. They seek to quash the petitions, arguing that the allegations lack merit and are politically motivated.
Justice Lenaola, speaking at a recent public lecture at Embu University,expressed his dissatisfaction with the generalized nature of the petitions targeting the entire Supreme Court bench. Emphasizing the gravity of such actions.
“I have no problem going home if proven I am worthless, but it must be done in accordance with the law.”
He further highlighted the absurdity of the situation, noting that it would force the very judges being challenged to preside over their own removal.
Amidst these developments, the government has sought to distance itself from allegations of interference. Interior Cabinet Secretary Kipchumba Murkomen recently dismissed claims of a plot to oust Chief Justice Koome. In a public statement, he affirmed that the Kenya Kwanza administration respects the independence of the judiciary and has no intention of meddling in its affairs.
However, skepticism remains high. An anonymous senior counsel commented, “While the government’s official position is non-interference, the timing and coordination of these petitions suggest otherwise.”
Kenya’s judiciary has a history of facing challenges to its independence. Notably, in 2012, Deputy Chief Justice Nancy Baraza resigned following allegations of misconduct involving a security guard. Similarly, Justice Philip Tunoi faced a tribunal over bribery allegations in 2016, although he retired before the tribunal concluded its investigations.
