Kenya has had many Chief Justices but I will mention those that I know. I have heard of Zacchaeus Richard Chesoni, Benard Chunga, Johnson Evans Gicheru, Dr. Willy Mutunga, David Kenani Maraga, and now Martha Koome. Of these, the Kenyan Judiciary has had its highs and lows.
During the time of Chief Justice David Kenani Maraga, the Kenyan Judiciary started regaining some of its lost glory. When the tough-talking-SDA-Elder left, the Judiciary seemed to be melting at a rate that would soon turn it into steam and vapor,
There is no doubt that the Kenyan Judiciary has come a long way from the days when rulings were drafted in the dark corridors of the Statehouse and Judges woke up in the middle of the night to read what had already been written. We have come a long way.
Despite the efforts of one of the crucial arms of government, the Kenyan Judiciary is still synonymous with massive corruption, misjustice, the big brother syndrome, controversial and influenced ruling, and emotional judgments that have shocked even the commoners.
Under CJ Martha Koome, the integrity of the Judiciary seems to be going down the drain. CJ Koome seems to be unable to sail the ship of justice and position herself as the President of an institution that is the custodian of our constitution and rule of law.
The CJ, just like some of us, seems powerless to tame corruption, to whip and call to order discipline among judicial officers, and ensure that the wind of justice and the scale of rulings is within what Kenyans anticipated when they fought for independence and self-rule.
Currently, the way the system is designed, the poor have no hope, and the middle class has no future. Justice is being auctioned to the highest bidder. It is no longer about delivering justice based on innocence or proving otherwise but on how one’s pockets are loaded.
Judges seem to have developed a notion that they are gods and lords that their rulings and words are final and that when they say something it has to be done or they will bang the table and rule otherwise. Some of the rulings being done by the courts are questionable and often without putting into consideration the will of the people, as well as the public interest.
There is no doubt that the current Kenya Kwanza Government has made some blunders that contravene the law but some of what they have put forth are for the good of the general public. I guess this Government will go down as one with the highest court injunctions, rendering it helpless in delivering some of its projects. The Attorney General needs to wake up and defend the government.
The Kenyan Judiciary should redeem itself and not be seen as if pushing a certain agenda or out to frustrate Kenyans and warm up towards those with money.
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