Attacks on the Judiciary for undertaking its mandate are contemptuous and abuse of the constitution, the Kenya Magistrates and Judges Association (KMJA) has said.
The KMJA has taken issue with the remarks made by President William Ruto that purportedly gave directions to government officials not to obey court orders because courts are corrupt.
President Ruto, while speaking in Nyandarua on Tuesday, alleged that some rulings made by the Judiciary were slowing down the implementation of the Kenya Kwanza development agenda.
This occurred after the court halted the implementation of the 1.5 per housing levy on salaried Kenyans, declaring it unconstitutional.
Judges Lawrence Mugambi, Christine Meoli and David Majanja ruled that the introduction of the levy was discriminatory since it imposed taxes on salaried Kenyans alone and excluded those working in the informal sector.
"...That levy against persons in formal employment with the exclusion of other non-formal without justification, discriminatory, irrational, arbitrary and in violation of Articles 27, 201 of the Constitution," Justice Majanja said.
The court also halted the implementation of the policies on Social Health Insurance Fund (SHIF).
On Tuesday, President Ruto said they are not going to allow judicial tyranny and judicial impunity.
It is against this backdrop that KMJA through its Secretary General Tom Olando argued that the President is interfering with judicial independence.
“The remarks are real threats and attempts aimed at interfering and manipulating the judiciary while undertaking its mandate. They are not only ridiculing and painting the judiciary negatively but also interfering with its independence,” Olando said.
Addressing the press in Homa Bay town on Wednesday, Olando argued that whenever court decisions are not respected, the rule of law is betrayed and anarchy begins to prevail.
KMJA urged President Ruto to raise his complaints with the National Council for Administration of Justice for the issues to get addressed.
The council is mandated to solve disputes between the Executive, Judiciary and Parliament.
Olando, a Principal Magistrate at Bungoma Law Court said the Attorney General has the authority to advise the President on such matters rather than disobeying the very constitution he swore to protect and uphold.
“The rule of law envisages that when a party is not satisfied with the decision made by a court, they are allowed to exercise the right of appeal. Those issues can also be taken to the National Council for Administration of Justice for redress,” he added.
The KMJA reminded the Executive of the independence of Judiciary and separation of powers as arms of government. It argued that the separation of powers is fundamental to functioning of democracy.
He said the independence of the judiciary makes it play its role effectively and enhance democracy.
“The judiciary's independence guarantees a fair and impartial justice system that safeguards the rights and freedoms of all citizens. Disputes are resolved, laws interpreted, and justice is administered,” the statement read.
The KMJA called for support from Kenyans saying that protection of the constitution and the independence of the judiciary will ensure a smooth running of the country.
He added that any assault on the judiciary or attempts to undermine its integrity can heavily impact on democracy.
According to KMJA, judges and judicial officers make decisions based on the law and the facts.
“As judges and judicial officers we assure all Kenyans that we shall continue to remain faithful to the oaths of office. We’re expected to perform the sacred duty of interpreting, applying and enforcing the law,” Olando said.