Law Society of Kenya (LSK) president Nelson Havi has said the Judiciary’s operations have been at affected and muzzled by the executive arm of government. He faulted President Uhuru Kenyatta for rejecting the appointment of 41 judges forwarded by the Judicial Service Commission (JSC) months ago, and the fact that Chief Justice David Maraga seems to be getting advice from the wrong people who don’t know how the Judiciary is run. “Anytime now you see the Chief Justice David Maraga giving a speech, you see officers to his left and the DPP, to his right again you see officers and the DCI, behind him, you see the Inspector General of Police…you can’t even see the LSK leader there.”
Speaking to West FM during an interview, Havi said the Judiciary is being put under pressure by the executive, so that the executive can keep hurting Kenyans and so that it can get the leeway to ignore the law and the constitution, “When the Constitution is ignored, democracy will decay,” he said. He further questioned why both parliament and the executive offices are open while courts have been closed, highlighting the strain the arm of government is under.
Havi also questioned the President’s decision to reject the list of 41 judges from the JSC for appointment, faulting Attorney General Paul Kihara, who is a member of the JSC but also the President’s legal advisor. On February this year, a 3 judge bench ruled that President Kenyatta’s delay in appointing judges recommended by the JSC is unconstitutional. The 3 judges, Lydia Achode, Chacha Mwita and James Makau said President Uhuru Kenyatta is bound constitutionally by the recommendations of JSC and can’t change, review or reject that.
Among the reasons why President Kenyatta rejected the JSC recommendations is because he had received adverse reports concerning some of the recommended judges. Speaking during the West FM interview, Havi said AG Kihara should play his role well. He said the President shouldn’t be guided by how convenient or inconvenient some of the appointments are, or whether some appointments will make favorable rulings in future. He said the 41 have been waiting for the outcome for long already.