Judges in Kadhi ruling only did their job

Letters

I may be free from being learned but fascinated by the recent opinion of the learned regarding the High Court ruling on the Kadhi courts.

Imenti Central MP Gitobu Imanyara comes with the gem of moving a Motion for the House to discuss the conduct of the judges.

The Minister for Justice says the subject of the judgement was untimely while PSC chairman claims the judges were partisan since they are stakeholders in the constitutional process.

Others claim the judges were politically motivated in making the judgement. The Law Society of Kenya says the court should not have "waited until then" to rule on that particular matter.

All these don’t touch the objective of judges, which is to dispense justice. How many matters are before courts pending determination, decades after filing? Is justice delayed not justice denied or is the saying just a slogan for the learned?

Who suggests that a matter filed in 2004 was rightfully to be dealt with by the Interim Independent Constitutional Disputes Resolution Court, which was born out of the need to have a new law?

It is not accidental then that some of us are in a hurry to approve the draft. Chapter I section 2(3) is unequivocal in providing that: ‘The validity or legality of this Constitution is not subject to challenge by or before any court or other state organ.’

Feasting on our lack of reason is the notion that democracy (numbers) means the same as being right (the opposite of false) and that justice is born of popular acclaim.

We falsely perceive those with contrary views as undeserving of freedom thus denying justice.

When my country’s judicial views become dictated by popular acclaim, I will know the end has surely come.

Lawrence Maingi, Nairobi

The positions assumed by the political class and some lawyers on the three judge decision on the legality of Kadhi courts has once again brought into sharp focus our ability to respect institutions set up to take care of public affairs.

I have believe the courts are final arbiter and their decisions should only be challenged through an appeal. The AG did the logical thing to challenge the decision in the courts, because his office believes justice was not done.

Some lawyers, politicians and religious leaders want to lynch the three judges for doing the job we pay them to do: hear cases, write out and read decisions on cases.

Please, respect the Judiciary and do not raise issues when a court decision does not pander to your liking at a specific time.

Do not make the good citizens you assume to speak for believe they can resolve legal disputes at press conferences, political rallies or public displays of any kind.

Onkware Augustino, Eldoret

It is true Kenyans need a new law. In our quest for reforms through a new law, others are being indecent.

Whether the decision by the High Court was constitutional or not doesn’t matter. In country where there is separation of powers, it is unfair to make comments that hurt the credibility of courts.

Politicians are roaming the streets rubbishing the courts ruling on Kadhi courts. A court is a sovereign institution established by law.

James Khalwale, Kakamega

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