Tensions between the Judiciary and the Executive have escalated, with President William Ruto criticizing judicial decisions that have nullified elections, suspended government policies, and blocked key appointments. The Executive has responded by ignoring court rulings and withdrawing security for judicial officers, including Chief Justice Martha Koome in January 2025, raising concerns about judicial intimidation.
Amid these developments, Kenyan Civil Society Organizations convened in Nairobi on March 12, 2025, to advocate for judicial independence and accountability. They condemned Executive overreach, warning that attacks on the Judiciary undermine the rule of law.
Despite its challenges, the Judiciary remains a critical check on government excesses. Civil society groups are urging the government to respect court decisions and uphold constitutional principles. As the standoff continues, maintaining judicial independence while ensuring accountability remains key to strengthening Kenya’s democracy.
Safeguarding Judicial Independence and Electoral Justice in Kenya
As Kenya approaches the 2027 General Election, the role of the Judiciary in upholding the rule of law and resolving electoral disputes remains crucial. However, recent developments concerning judicial accountability and allegations against Supreme Court judges raise important questions about maintaining judicial independence while ensuring proper oversight.
BalancingJudicial Accountability and Independence
Judicial accountability is essential to maintaining public trust and integrity in the legal system. However, there is a thin line between legitimate oversight and political interference. Allegations against Supreme Court judges must be addressed through fair and transparent processes, ensuring due process is followed. Mechanisms such as appeals and disciplinary procedures should reinforce, rather than undermine, judicial independence.
Kenya must guard against the misuse of judicial accountability as a political weapon. Judges must remain free from external pressure, allowing them to make impartial decisions based on law and evidence. Upholding procedural safeguards in judicial inquiries is vital to preserving confidence in the Judiciary’s ability to deliver justice fairly and independently.
Judiciary’s Role in Electoral Dispute Resolution
The Supreme Court plays a pivotal role in Kenya’s electoral process, particularly in resolving presidential election disputes. As the only court with jurisdiction over such matters, its ability to function effectively depends on maintaining a full bench and judicial stability.
Currently, the Independent Electoral and Boundaries Commission (IEBC) has requested an advisory opinion from the Supreme Court on critical electoral matters, including:
- Whether the IEBC can review constituency and ward boundaries after the constitutional timelines have lapsed.
- Whether the Constitution allows for an extension of electoral timelines and under what circumstances.
- Whether the IEBC can carry out key electoral processes without a full quorum of commissioners.
These questions highlight the need for clear legal interpretations to ensure a smooth electoral process. Without a full Supreme Court bench, resolving disputes fairly and efficiently could be jeopardized, potentially destabilizing the election.
Conclusion
As Kenya prepares for the 2027 elections, safeguarding both judicial independence and electoral justice is paramount. The Judiciary must remain free from political interference while ensuring accountability processes are fair and transparent. Strengthening judicial structures and upholding the rule of law will be key to maintaining public confidence in the electoral system and ensuring a stable democratic process.
