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Kenyan Civil Society Groups Call for Judicial Independence Amid Rising Political Tensions


   Kenyan Civil Society Groups during press briefing in Nairobi, March 12, 2025.

A coalition of civil society organizations has issued a strong statement condemning sustained political attacks on Kenya’s Judiciary. Speaking at a press conference in Nairobi, the groups highlighted the growing tensions between the Judiciary and the Executive, citing recent retaliatory actions and petitions for the removal of Supreme Court judges as threats to judicial independence.

The civil society organizations warned that persistent political interference could destabilize Kenya’s democratic institutions and erode public trust in the justice system. They emphasized that while accountability within the Judiciary is essential, it should not be weaponized for political purposes.

Felix O. Awuor, Executive Director, ELGIA 

A recent Infotrak survey released in December 2024 indicated that 57% of Kenyans do not trust the Judiciary, with only 34% expressing moderate confidence in the institution. The report cited allegations of corruption, political bias, and case backlogs as key contributors to the Judiciary’s credibility crisis.

“The Judiciary is facing significant challenges in fulfilling its constitutional mandate, including accusations of bribery, resource constraints, and increasing political pressure,” the coalition noted in its statement. “These factors have led to a rising public trust deficit, which is being exploited to justify attacks on judicial officers.”

The Judiciary’s strained relationship with the Executive has been a longstanding issue, dating back to the 2017 election nullification ruling. Since then, Kenyan courts have issued several rulings against government policies, leading to accusations of “judicial overreach” from state officials.

In what civil society groups describe as retaliatory measures, security for Chief Justice Martha Koome was withdrawn in January 2025. Similarly, Justice Lawrence Mugambi faced security threats after ruling in a contempt case against the then Acting Inspector-General of Police.


Julie Wayua Matheka, Programme Manager, Democrancy, Governance and Rule of Law.
 
“These actions amount to intimidation of the Judiciary,” said one of the civil society leaders. “Judicial independence is under direct attack, and we must protect it if we are to uphold the rule of law.”

The press conference also addressed the ongoing petitions before the Judicial Service Commission (JSC) seeking the removal of Chief Justice Koome and six other Supreme Court judges. Prominent figures have accused the judges of gross misconduct, but the Supreme Court has challenged the JSC’s authority, arguing that it cannot review decisions made by the highest court in the land.

Legal battles have ensued, with High Courts in Narok and Nairobi issuing interim orders halting the JSC process. Civil society groups cautioned that while judicial accountability is necessary, it must be handled fairly and free from political influence.

“No judge is above the law, but accountability mechanisms should serve their proper purpose, not be used as tools for political intimidation,” the statement read.

With the 2027 General Election approaching, civil society organizations underscored the importance of an independent Judiciary in overseeing electoral disputes. The Supreme Court plays a critical role in resolving presidential election conflicts, and its stability is crucial for electoral justice.

“The Judiciary must remain intact to ensure a proper quorum for presidential election disputes,” the statement emphasized. “Any attempts to weaken the court could disrupt the electoral process and compromise democratic governance.”

In conclusion, the civil society organizations called on all stakeholders, including the Executive, Parliament, and the public, to safeguard judicial independence while ensuring accountability through constitutional mechanisms.

“The Judiciary is the last line of defense for the rule of law. We must protect it from political interference while ensuring that judicial officers maintain the highest ethical standards,” the coalition stated.

As political battles over judicial accountability continue, the fate of Kenya’s democratic institutions remains a key concern for legal experts, civil society, and the public. The coming months are expected to be critical in determining the balance between judicial independence and accountability in the country’s governance.

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