NAIROBI, Kenya, Sep 3 – Chief Justice Martha Koome has insisted that complaints by the executive arm of government against judicial officers must be processed through the Judicial Service Commission (JSC) framework.
Koome who spoke to Capital in the Morning on Friday said dramatic arrests of judges only serves to undermine the judiciary.
The Chief Justice was referring to the arrest of Justices Said Chitembwe and Aggrey Muchelule by the Directorate of Criminal Investigations in July. No charges were preferred by the State.
“When you are dealing with this part of the judge you have to be careful so that you don’t treat them with such an indignity that brings their entire office into disrepute that causes fear and despondency that the judiciary is being hounded and interfered with,” she said.
The directorate also dramatically arrested Deputy Chief Justice Philomena Mwilu in August 2018 in a case which later collapsed.
Article 172 of the Constitution tasks the JSC with the mandate to “receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary.”
The Chief Justice further said a police unit comprising 3,000 officers spread across the country had been set up to support judicial officers discharge their mandate following a recent meeting with Interior Cabinet Secretary Fred Matiangi and Police Inspector General Hilary Mutyambai.
“Everywhere I went there were complains. Judges of the supreme court told us we are sitting duck in building,” said Koome while noting that a commissioner of police had been tasked to head the unit.
She said the judiciary had been seeking the establishment of the unit for over 10 years terming its operationalization as a milestone in her 100 days in office.
“For me that is a milestone in the last 100 days, something to speak about and celebrate. I thank other people who have worked with us and supported us in this,” said Justice Koome.
