Chief Justice Martha Koome has issued a firm statement defending the independence of Kenya’s Judiciary in the face of mounting political pressure and public criticism. Speaking in her capacity as Chair of the National Council on the Administration of Justice (NCAJ), Koome emphasized the importance of shielding judicial officers from political interference and reaffirmed the Judiciary’s unwavering commitment to impartiality and constitutional governance.
The NCAJ’s statement comes days after President William Ruto publicly criticized a court ruling barring police from erecting roadblocks, triggering concerns over executive overreach. In response, the council reiterated that all arms of government must respect judicial autonomy, noting that the courts must be free to function without intimidation or undue influence.
Call for Institutional Integrity and Constitutional Adherence
Koome urged judicial officers to exercise discretion in bail and bond decisions with fairness, proportionality, and balance. She stressed that independent constitutional commissions and offices must also be allowed to operate within their mandates without interference.
“The independence of the Judiciary must be upheld. Courts are encouraged to exercise discretion in bail and bond decisions with fairness,” said Koome. “Other constitutional commissions must also be enabled to fulfill their mandates effectively.”
Policing, Human Rights, and Protest Management
The NCAJ also called on police to uphold professionalism and adhere to human rights standards during law enforcement operations, especially in the management of public protests. Amid a rise in reported cases of sexual violence during recent demonstrations, the council demanded swift investigations and prosecutions, particularly to protect women, children, and other vulnerable groups.
“All security operations must comply with constitutional safeguards and human rights principles,” Koome emphasized. “Immediate steps must be taken to address sexual violence that increased during protests.”
Engaging Youth and Addressing Grievances
Acknowledging the youth-led protests as an expression of frustration over governance, inequality, and lack of opportunity, the council urged the government to listen and engage constructively.
“These voices must be heard, understood, and addressed through lawful and constructive dialogue,” said Koome, calling for national restraint, mutual respect, and inclusive conversations in times of crisis.
Warning Against Political Rhetoric and Divisiveness
The NCAJ also warned against inflammatory political rhetoric that threatens national cohesion and the rule of law. Citing Kenya’s history of political radicalisation and ethnic division, the council urged all political leaders to exercise restraint and prioritize peace.
Reform, Compensation, and Commitment to Justice
To bridge existing legal and operational gaps, the NCAJ expressed readiness to work with the Kenya Law Reform Commission and other stakeholders. It also called on the National Treasury to immediately activate and fund the Victim Compensation Fund to ensure justice for victims of violence and wrongful arrests.
“All justice sector institutions reaffirm their commitment to the Constitution and the rule of law as the foundation for peace and national unity,” concluded Chief Justice Koome.
This strong stance underscores the Judiciary’s pivotal role in safeguarding democratic institutions and ensuring that justice prevails — even amid turbulent political times.
