The meeting between President Ruto and CJ koome reminds me of the Bible story of Eve and the sapernt in the Garden of Eden, we know they met, but what they discussed is a mystery. However, the outcome is known and wouldn't be good at all.
Earlier yesterday, President William Ruto met the chief justice, Martha Koome, under the pretext of discussing the relationship between the three arms of government. According to an article by The Star, the parties agreed on one thing: how to address corruption in the judiciary. But knowing who Ruto is, at least from history, one may question the president's motive. This meeting raises eyebrows as it comes on the heels of weeks of the president openly attacking the judiciary. Regardless of the sheenanigans going on in this country, we all know that the three arms of the government need to respect each other without the need for weird meetings. As a matter of fact, the delicate balance between the three arms of government—executive, legislature, and judiciary—is a cornerstone of a healthy democracy. This rendezvous, perceived by many as unnecessary and unwarranted, has sparked concerns about the potential erosion of judicial independence, echoing a dangerous trend seen in other nations where the judiciary succumbed to the clutches of executive power.
The principle of the separation of powers is fundamental to the proper functioning of a democratic society. Each arm of government—executive, legislature, and judiciary—must operate independently, free from interference or intimidation. President Ruto's meeting with Chief Justice Koome, amid his public criticism of the judiciary, raises questions about the motives behind this gathering. The constitutionally mandated independence of the judiciary is now at risk of being compromised.
President Ruto's dictatorial tendencies have already manifested in the capture of the legislature, and the judiciary now appears to be the final piece in his puzzle of control. The meeting, framed as a discussion on the relationship between the arms of government, could be a veiled attempt to coerce or subdue the judiciary into an unholy alliance that undermines its autonomy.
Consequently, this meeting was an unconstitutional undertaking. I understand that the very essence of the separation of powers is enshrined in the Constitution to prevent any arm of government from exerting undue influence over the others. President Ruto's meeting with Chief Justice Koome, given its timing and the context of his previous attacks on the judiciary, seems to violate the constitutional principles of separation of powers. This raises serious concerns about the constitutionality of the meeting and the potential consequences for the judiciary's ability to dispense justice independently.
If President Ruto succeeds in subduing the judiciary, the repercussions for the dispensation of justice in Kenya could be severe. A compromised judiciary is unlikely to act as a check on executive power, and justice may become a casualty of political manoeuvring. It is highly unlikely that the judiciary will make any rulings that upset the executive, as we have seen from the Finance Act 2023 and others. In essence, the judiciary's role in upholding the rule of law, protecting citizens' rights, and ensuring accountability will be severely undermined, eroding the very foundation of a democratic society.
History provides numerous cautionary tales of the dangers of a judiciary under the thumb of the executive. In countries where the judiciary lost its independence, the consequences have been dire. One glaring example is seen in countries like Zimbabwe, where President Robert Mugabe's control over the judiciary led to a breakdown of the rule of law and widespread human rights abuses. This coming at the backdrop of extrajudicial killings, disappearances and wanton murders in this country is worrying. The erosion of judicial independence creates a climate where authoritarianism flourishes, and citizens' rights are trampled upon with impunity.
Therefore, the meeting between President Ruto and Chief Justice Koome stands as a pivotal moment in Kenya's democratic journey. The apparent disregard for the principles of separation of powers raises alarms about the future of the judiciary's independence. The potential subjugation of the judiciary to executive whims not only threatens the dispensation of justice in the country but also undermines the very essence of democracy. Kenyan citizens and the international community must remain vigilant, holding firm to the principles of constitutionalism and the rule of law. The judiciary's independence is a cornerstone of democracy, and any attempt to compromise it should be met with strong opposition. The experiences of other nations serve as stark reminders of the perils that lie ahead if the executive succeeds in subduing the judiciary. The integrity of Kenya's democratic institutions hinges on resisting any encroachment on the independence of the judiciary.
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