How top politicians’ unbecoming conduct imperils our democracy

The increasing attacks by both major political parties and candidates for political office are diminishing the independence of the Judiciary and, equally important, the public’s confidence in it. Thus, the distinction between fair criticism of judges and intimidation of them is an important one. What is taking place in Kenya is intimidation and threats.

The judicial power is donated by the people of Kenya and the exercise of such authority is vested in the judicial officers. The Judiciary is not a junior partner in the principle of separation of powers. The Chief Justice may not be the Commander in Chief of the defence forces or the custodian of the exchequer, but the powers bestowed upon him by the people of Kenya are meant to provide checks and balances on the other arms of the Government.