Review 'controversial' orders, President Uhuru Kenyatta tells Judiciary

President Uhuru Kenyatta is received by the Chief Justice and President of the Supreme court, Justice Dr. Willy Mutunga on arrival for the official opening of the East African Magistrates and Judges Association Annual General Conference at a Nairobi hotel.

NAIROBI, KENYA: President Uhuru Kenyatta has waded into the ongoing turf wars among the three arms of Government and emphasised respect for the doctrine of separation of powers.

The Judiciary, Executive and Legislature have been embroiled in power struggles at different points in the recent past.

The President told the Judiciary to review some court orders, which he said have made it impossible for other arms of the Government to effectively perform their functions.

Uhuru, who spoke when he opened this year’s East African Magistrates and Judges Association’s (EAMJA) Annual General Conference in Nairobi, said the courts “share the same constitutional burden” with the other arms of Government and cannot work in isolation.

“A common concern across East Africa is that at times the Judiciary acts in a manner that throws roadblocks in front of the proper execution of lawful executive and legislative authority. In particular, the issuance of injunctive interim orders, especially ex parte, has undermined goodwill and harmony between the three arms of Government in each nation,” the President remarked. Uhuru’s statement comes only a day after the Senate vowed to defy court orders barring it from discussing Makueni Governor Kivutha Kibwana’s impeachment.

While addressing Chief Justice Willy Mutunga, the President said in Kiswahili: “Mimi siogopi kutaja hiyo (I am not afraid to raise this issue). These orders, especially ex parte orders, lazima uangalie hiyo mambo (you must re-examine the orders especially the ex parte orders).”

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He said the three arms of Government depend on each in the execution of their various mandates, adding that the State can only efficiently fulfill its obligations when they work together.

President Kenyatta said none of the three arms of Government has the power to interfere in the functions of another, or to impose its own vision on the others.

MUTUAL RESPECT

“Mutual respect, humility, communication and an eye on the pursuit of the greater common good constitute the grease that oils the three indispensable cogs of the engine of State, allowing for each to turn smoothly and work together without friction,” he said.

Kenyatta said judicial independence must remain inviolable, but warned of potential abuse of the same. “A critical threat to judicial independence is its potential for abuse. Therefore, the Judiciary must sternly reject corruption and impunity in all their manifestations,” he added.

While acknowledging the difference in opinion between the various arms of Government, the President asked the Judiciary to reach out to the Executive, Legislature and other non-governmental players in he course performing its duties.

He said justice is not the exclusive province of the Judiciary.

“Much more can be achieved by consultation and consensus building than by brinksmanship. As Africans, we have always appreciated the importance and understood the undeniable benefits of the community sitting down to brainstorm in the face of challenges,” he said.