A new report has criticised the Judiciary’s attitude towards the civil society.

Dubbed "60 Days of Independence, Kenya’s judiciary through three presidential election petitions", the report explains that there is an “institutionalised bias” against the civil society, especially by the Supreme Court.

This is despite the civil society’s role in driving forward Kenya’s constitutional discourse, says the report.

“There appears to be an institutionalised bias against civil society, which is social in the Kenyan context. Civil society organisations have played an important role in Kenya’s constitutional discourse in terms of origin and its institutionalisation,” reads the report.

“It is a contradiction that civil society is treated dismissively and with suspicion,” adds the report citing the November 2017 election petition.

The report compiled by International Commission of Jurists (ICJ) and Journalists for Justice (JfJ) reviews three presidential election petitions in 2013 and the two in 2017.

Few countries

In September 2017, Kenya became one of the few countries in the world where a presidential election was ever nullified.

The report says the nullification continues to rattle the political sphere and has important lessons for the country and its governance institutions.

“The country needs to ask itself whether the court has the capacity to face off with political players who interfere with and pollute elections,” says the report.

It also indicates that there is need to review the role of the Executive in the appointment of judges and whether the mechanisms in place to guarantee independence of judges are sufficient.

“It continues to be a sticking point in relations between the two institutions and has coloured relations between them,” the report reads.

It also calls for the Judicial Service Commission (JSC) to establish clear methods for processing complaints against judges and judicial officers.

“The differentiated treatment of petitions against judges in the absence of transparency undermines accountability and suggests that the judicial commission needs to establish a clear and predictable pathway for processing complaints and petitions against judges and judicial officers,” says the report.

The report also urges the Judiciary to review its relationship with Kenyans.

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