Supreme Court attacks threaten legitimacy of justice system

Chief Justice Martha Koome chats with President William Ruto after the swearing-in of twenty Judges of the High Court and conferment of the Rank of Senior Counsel at State House, Nairobi on May 14, 2024. [PCS]

Concerns are increasing about the impact of a storm brewing within the corridors of justice, as the very foundation of the nation's Judiciary faces unprecedented attacks and counter-attacks. What initially started as a battle against the leadership and the Supreme Court is morphing into a wider war against the Judiciary. Questions are emerging about the impact on the dispensation of justice and the long-term effect on the integrity and trust in the institution.

The onslaught - which has targeted Chief Justice Martha Koome and the entire Supreme Court bench - has come in the form of multiple petitions to the Judicial Service Commission (JSC) and public attacks, sparking a constitutional and political debate over the independence of the judiciary. At the centre of this turmoil are two high-profile petitions to the JSC, one spearheaded by former LSK president Nelson Havi and the second by a group of 13 lawyers associated with Senior Counsel Ahmednasir Abdullahi.