Upholding judicial independence in Kenya
by admin on | 2024-10-07 09:46:17 Last Updated by admin on 2024-12-22 08:17:07
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1. Introduction
The quest for an independent Judiciary in Kenya is a never-ending struggle.
This policy paper is urgent now, to address the growing overt and covert erosion of judicial independence, more so with the rising perception of political interference and attacks!, budget cuts, blocked appointment of judges perceived as anti-go- vernment, rampant disregard of court orders, police raids on judges and judicial officers, gun attacks within court premi- ses, and mounting claims of widespread corruption, including within the Judicial Service Commission, the administrative arm of the Judiciary.
However, even with all these physical, reputational, and finan- cial attacks, together with the constitutional violations, the Ke- nyan Judiciary has valiantly pursued justice on behalf of the people of Kenya, in the service of the Constitution. This paper promotes the position that the Judiciary, as one of the bran- ches of government, relies on its independence to fulfil its role in upholding the rule of law and interpreting the Constitution. In the 14 years of the Constitution of Kenya (2010) the country has made important strides to entrench the independence of the Judiciary. The Constitution has robust provisions guaran- teeing that the Judiciary \"shall not be subject to the control or direction of any person or authority. It also protects the pay-packets of judges, shields them from arbitrary removal, and sets up a dedicated Judiciary Fund to give the Judiciary financial and operational autonomy...Read more
