LSK cautions CJ Koome against Ruto’s call for dialogue

Lawyers in Mombasa have expressed skepticism about calls for dialogue between the Executive and the Judiciary saying it is not constitutional.

President William Ruto on Tuesday called Chief Justice Martha Koome for dialogue over his claims of corruption in the Judiciary.

But the Law Society of Kenya has asked Chief Justice Martha Koome not to honour the invitation.

LSK president Eric Theuri said the dialogue calls are misplaced and do not have a place in the Constitution.

“The Chief Justice should not kowtow to the Executive by submitting herself to this so called dialogue,” he said.

He spoke in Mombasa after leading lawyers and human rights activists in a protest match around the Mombasa Law Courts.

Theuri also called out Deputy President Rigathi Gachagua’s recent attack on the Judiciary terming it as reckless.

“It suggests to us that the DP does not understand the public trust that his office possess and the leadership requirements in the Public Offices Ethics Act and the Constitution,” he said.

According to the Act, actions and utterances of public officers must bring honour and respect to the offices that they hold.

DP Gachagua gave a notice that he will be filing a petition seeking the removal of a judge.

“We would want to see what kind of allegations he will make against the judge. The manner in which he announced the intention to file his petition goes against the ethics of his office and the dictates of the constitution,” Theuri said.

He said there is an established mechanism to make complaints against judges or any other judicial officer.

“To humiliate a person in the manner in which the DP did and the person being a judge, is highly regrettable. We are really disturbed that we can see these kinds of utterances and behavior from the Executive,” Theuri said.

He urged Ruto and Gachagua to withdraw their statements against the Judiciary, saying the statements make a mockery of the Judiciary as an institution and the intended dialogue.

He said the perception of corruption and influence will be upheld if the meeting is conducted.

“The CJ should not, under any circumstances, have dialogue with the Executive over the remarks they have made. The proper thing for the President of Kenya to do is to withdraw those remarks and to apologise to the people of Kenya,” the LSK President said.

The effect of the remarks, he said, is to shake the confidence of investors in the ability of the Judiciary to be impartial and to determine disputes on the basis of law.

“We shall not negotiate the independence of the Judiciary. As LSK, we will at all times defend the independence of the Judiciary and also hold it accountable,” Theuri said.

Mombasa LSK chairperson Natasha Ali said all the three arms of the government are equal and there ought to be respect amongst them.

Coast Civil Society Network for Human Rights chairperson Zedekiah Adika said all Kenyans are obligated to follow the rule of law.

He said Ruto’s constant attack on the Judiciary is a serious matter that cannot be negotiated.

“We must remind whoever is sitting on that table or intends to sit on that table that justice to Kenyans, irrespective of status, is not on that table,” Adika said.

“All the cases filed or due to be filed against any party, including the ones against the regime, the Legislature or Judiciary are not on the table for dialogue.” Adika said.

Amnesty International Mombasa said the 2010 Constitution liberated the nation from tyranny and gave power to the people.

The organisation said the Judiciary is the arm of government that enhances and leads democracy in the country.

“Judiciary as the arm of government cannot be attacked by another arm of the government, the Executive. Therefore, we stand in solidarity to say that let the abstraction of the Judiciary in operation be stopped at any cost,” it said.

Last Friday, lawyers across the country held protests against the consistent attacks on the independence of Judiciary by the Executive.

“We are delighted that the country has listened to the position that the LSK has taken over the matter, that the Executive should not treat the Judiciary as a lesser child of the Constitution of Kenya,” Theuri said.