Nothing underscored the importance of the principle of separation of powers among the three arms of government than the 2010 Constitution.
Until then, the Judiciary was merely an extension of the executive arm of government. The president had carte blanche to choose whoever he wanted to serve as judge, and prudence dictated that biting the hand that fed you was unwise. The result of that was travesty of justice; not anymore.
The Judiciary has come out forcefully to not only demand its space, it has executed its duties with such zeal that a few people, including President Uhuru Kenyatta, his deputy, William Ruto, and Jubilee loyalists, are uncomfortable with it.
At a political rally recently, the leaders criticised the Judiciary, claiming that it was working with the Opposition to scuttle the August 8 General Election. The court’s cancellation of the Al Ghurair presidential ballot printing tender prompted the outbursts.
Whichever way one looks at it, coming from the country’s top leadership, that was unfortunate because the onus of protecting the Constitution, having sworn an oath to do so, lies with them. When the Judiciary made decisions that were favourable to them, Jubilee loyalists hailed its independence and impartiality.
The Supreme Court upheld Uhuru Kenyatta’s election in 2013 despite the intrigues around it.
Besmirching the character of individual judges on the basis of their surnames is injudicious. That is a new low that the Jubilee administration should not sink to in its frustration as the Opposition upstages it in legal battles.
Leaders should not politicise judicial proceedings merely because they rub them the wrong way. Though not directly, Deputy President Ruto appeared to retract the earlier statement after Chief Justice David Maraga's clarification on the import of a statement he made while in Mombasa. However, the damage has already been done.
Intimidating the Judiciary, attempting to claw back the gains made in building strong independent institutions, is not acceptable. Jubilee, as it has proclaimed from the rooftops, has done enough to guarantee its re-election. It should not press the panic button.
