The Judiciary is engulfed in a maelstrom of allegations, political reshuffles, and power struggles that have cast a shadow over its integrity and independence.
As the country with these multifaceted challenges, the interplay between the judiciary’s integrity and political maneuvering remains a focal point of national discourse. CJ Koome’s efforts to address corruption within the judiciary are ongoing, but the effectiveness of these measures is yet to be fully realized.
At the center of this storm is Chief Justice Martha Koome, whose leadership of the Judicial Service Commission faces intense scrutiny amidst claims of corruption and partiality.
The judiciary’s troubles intensified when prominent legal figures, including Prof. PLO Lumumba and Ahmednasir Abdullahi, publicly raised concerns about bribery and unethical conduct within the judicial ranks.
In December 2024, Prof. Lumumba penned a letter to CJ Koome, urging immediate action to address these issues. He specifically highlighted incidents in Mombasa, coining the term “JurisPesa” to describe the alleged practice of accepting bribes for favorable rulings.
In response, CJ Koome acknowledged the gravity of the accusations but noted the lack of specific details.
“I received a letter from Prof. PLO Lumumba urging action on the state of the judiciary, particularly alleged incidents of corruption,”Koome stated.
To demonstrate a commitment to transparency, CJ Koome agreed to meet with key stakeholders, including representatives from the Law Society of Kenya, the Senior Counsel Bar, and members of the JSC. This move aimed to foster dialogue and develop strategies to combat corruption within the judiciary.
In January 2025, the Ethics and Anti-Corruption Commission, launched an investigation into the alleged misconduct, focusing on three undisclosed judicial service stations suspected of corrupt practices. EACC Chairperson David Oginde emphasized the agency’s dedication to ensuring accountability within the judiciary.
Concurrently, CJ Koome initiated a significant reshuffling within the judiciary, transferring 33 judges in an effort to restore public confidence. This decision, however, was met with mixed reactions. While some viewed it as a proactive measure, others perceived it as a superficial response that failed to address the root causes of corruption.
Political undercurrents: Presidential reshuffles and power plays
Amidst the judiciary’s internal challenges, the executive branch has been undergoing its own transformations. President William Ruto, facing criticism over his policies and leadership style, has undertaken a series of cabinet reshuffles.
In July 2024, in response to widespread protests against tax hikes, President Ruto dismissed his entire cabinet, retaining only Prime Cabinet Secretary Musalia Mudavadi. This drastic move was seen as an attempt to quell public dissent and reassert control.
The political landscape further shifted with the impeachment of Deputy President Rigathi Gachagua in October 2024. Gachagua faced charges of corruption and inciting ethnic divisions, allegations he vehemently denied. His removal underscored deep-seated divisions within the ruling United Democratic Alliance and highlighted tensions between President Ruto and his deputy.
Following Gachagua’s ousting, President Ruto nominated Kithure Kindiki, the former Interior Minister, as the new Deputy President. Kindiki’s appointment, however, was not without controversy. A High Court initially suspended his swearing-in due to ongoing legal challenges by Gachagua. Nevertheless, the court later lifted the suspension, allowing Kindiki to assume office.
Regional Tesnsions
The political skirmish has also sparked regional tensions, particularly concerning the Mount Kenya region. Reports suggest that the ousted Deputy President Gachagua has issued warnings to Deputy President Kindiki, cautioning him against interfering in Mount Kenya affairs, especially in Meru County, should CJ Koome be removed from her position. This development hints at the intricate interplay between judicial proceedings and regional political dynamics.
“Those familiar with Kenyan history know that the Judicial Service Commission has traditionally been inept at tackling systemic rot in the judiciary. That is why the Judicial Service Commission was sidestepped during radical surgery, the work of the Kwach Committee, the Vetting of Judges and Magistrates and the ouster of Chief Justice Bernard Chunga,”asserts Lawyer Muthomi Thiankolu.
Thiankolu interrogates thar there may be other less obvious examples, but the question is this: if the Judicial Service Commission has historically failed to address systemic rot in the judiciary, what is the basis for assuming that it is now well-placed to deal with it?
“The Judicial Service Commission will correctly and justifiably say that it has satisfactorily addressed many individual incidents of judicial misconduct and malfeasance since its re-establishment under the 2010 Constitution. However, the backlog of unresolved complaints shows that the Judicial Service Commission has equally failed to address many individual incidents of judicial misconduct and malfeasance since its re-establishment under the 2010 Constitution.”
He says that the convergence of judicial reforms and political realignments presents a complex landscape for Kenya’s governance. The outcomes of these developments will significantly influence the nation’s democratic trajectory and its commitment to upholding the rule of law.
