Debate rages on cases that President could have interest

Justice Roselyn Nambuye. The Court of Appeal judge sparked an uproar at a judges' conference yesterday when she said the Judiciary and the executive should agree on how to handle cases the President has an interest in. (PHOTO: COURTESY)

A judge sparked an uproar at a judges' conference yesterday when she said the Judiciary and the executive should agree on how to handle cases the President has an interest in.

Justice Roselyn Nambuye of the Court of Appeal said the Attorney General and the Judiciary ought to have a conversation on such matters.

"We should have a conversation with the AG on how we should handle cases where we are called and informed that the President has an interest on the matter," said Justice Nambuye.

But the question sparked murmurs of disapproval with Attorney General Githu Muigai saying that President Uhuru Kenyatta has never instructed him to intervene in any case.

"I have never passed any message from the President to any judge," said the AG.

He said that the Government has lost many cases, including the ones that he had argued in court. This, he said, was an indication that the executive believes in the Judiciary's independence.

fostering democracy

"The Government is committed to the independence of the Judiciary. We believe that the judiciary plays a very important role in fostering our democracy. If the Judiciary is weak, none of us will be safe," said the AG.

He also told the judges to guard against threats to their independence from commentators who discuss matters still pending in court which could sway their rulings.

"There is extraordinary pressure on the Judiciary from public opinions. This puts pressure on the Judiciary and the question then arises, should a judge fall to public pressure or stick to the law?"

He said although there has been a disconnect between the Judiciary and executive on how to handle insecurity cases especially terrorism the two arms have since solved their differences.

"We are also going to engage the Judiciary on other matters we think can be resolved through engagement," said the AG.