MPs urge CJ Koome to steadfastly guard Judiciary’s independence

Chief Justice Martha Koome when she appeared before the Justice and Legal Affairs Committee at the County Hall Mini chambers in Nairobi [Elvis Ogina, Standard]

President Uhuru Kenyatta yesterday appointed Justice Martha Koome as Chief Justice after members of the National Assembly endorsed her nomination.

This makes her the first female Chief Justice in the country and the 15th President of the third arm of government.

The Head of State gazetted the appointment of Koome hours after MPs unanimously approved her nomination during a special sitting convened by Speaker Justin Muturi.

“In the exercise of powers conferred by Article 166 (1) (a) of the Constitution, I, Uhuru Kenyatta, President and Commander-in-Chief of the Kenya Defence Forces, appoints Martha Karambu Koome to be the Chief Justice of the Republic of Kenya,” read the gazette notice.

During the approval debate by the MPs, they lauded the judge’s industrious career in the Judiciary and praised her for breaking the glass ceiling to succeed former Chief Justice David Maraga.

The lawmakers also demanded that she guards the integrity of the Judiciary from infiltration by cartels and judicial activism.

Some members accused past CJs of having a condescending attitude towards Parliament and urged Koome to strike a balance in working with other institutions.

“The question of independence of Judiciary is a bothersome issue. Nobody undermines independence. Just like the Legislature is independent. But if we are not careful, this issue called independence of Judiciary could be a big elephant in the house,” said Ruaraka MP T.J Kajwang.

He said judges and other judicial officers have to be ready for criticism whenever they make certain rulings without hiding under the cover of independence.

“We must start talking about it. Because we are also talking about excesses of the Executive. We are talking sometimes about excesses in the Legislature. But it would seem that this issue about independence of Judiciary is an issue that Kenyans need to look at,” he added.

He noted that other CJs resorted to sending the Registrar of the Judiciary to appear before the MPs.

“We would want to see a Chief Justice who respects institutions,” he added.

Justice and Legal Affairs Committee’s (JLAC) Muturi Kigano (Kangema) told Koome to reclaim the lost glory of the Judiciary once she assumes office.

Lost glory

“She will be seeking to reclaim lost glory for the Judiciary in line with the principles that were for a long time enunciated by the late Justice Chunilal Madan,” said Kigano, who chaired the committee that approved her nomination.

Deputy Majority Whip Maoka Maore said that the appointment of the judge was an eye-opener that anybody – irrespective of their gender – can ascend to any position of leadership.

Gilgil MP Martha Wangari described the appointment as a historic moment to have one arm of the government led by a woman.

JLAC in its report to the House said that Koome has the requisite qualifications and vast experience.