- Koome urged the judges to introspect over the manner they have handled cases that affect public interest and policy
- Ruto had accused the courts of issuing orders to derail his government's agenda, including delayed hearings
Image: FILE
The Judiciary has reached out to Kenyans to support its independence amid continued threats and criticism of judges even as it insists court orders must be obeyed.
A three-day meeting of top judges drawn from the Supreme Court, Court of Appeal, High Court, Employment and Labour Relations Court and the Environment and Land Court on Wednesday, affirmed that judicial authority will not be subject to control or direction from anyone but the law.
The Naivasha meeting that was also meant to brief the heads of courts on the talks Chief Justice Martha Koome held with President William Ruto last month, acknowledged that time-sensitive matters should be prioritised.
The acknowledgement was informed by Ruto's claims that some corrupt judges were working in cahoots with cartels to derail government projects by issuing injunctions and prohibitory orders.
Koome urged the judges to introspect over the manner they have handled cases that affect public interest and policy.
In his criticism, Ruto had accused the courts of issuing orders to derail his government's agenda, including delayed hearings.
"Concerns mainly relate to the timelines for hearing and resolving cases involving time-sensitive government programmes especially when ex-parte orders are issued and the hearing dates set many months later," Koome said.
The meeting resolved to review and update their practices and procedure rules to expedite hearing of time-sensitive cases.
"The superior courts will endevour to accord priority to time-sensitive cases to ensure their conclusion in a timeous manner while also respecting the principle that justice must be done to all irrespective of status," the judges said in their resolution.
Most petitions against key government decision often land at the Constitutional and Human Rights division of the High Court which currently has very few judges hence the delays.
"The Chief Justice will endevour to optimise the capacity of the Constitutional and Human Rights division and the Judicial Review Division of the High Court once new judges are recruited," the meeting resolved.
The court will also regularly rotate judges so that cases against government are handled by different judicial officers.
Similarly, judges in far-flung stations may also be assigned such cases through the Mahakama Popote Initiative to hear them virtually for prompt disposal.
In the resolution signed by Koome, the judges urged Kenyans to rally behind the courts, whose independence they said, was under threat.
They said disobedience of court orders was gaining root and urged all state officers to obey orders.
"Taking cognisance of the continued threats to the independence of the Judiciary through vilification and criticism of judges, disobedience of court orders and denial of adequate resources, we urge Kenyans to continue supporting the independence of the Judiciary," the judges said.