The judiciary has expressed its concern regarding the open disregard for court orders. Chief Justice and President of the Supreme Court, Justice Martha Karambu Koome, emphasized the judiciary’s worry about the deliberate contempt for court orders, considering it a serious legal offense.
Justice Koome emphasized that Kenya operates under the rule of law, urging everyone to adhere to court orders regardless of their societal standing until the orders undergo review or are set aside.
“We uphold the independence of the Judiciary and adhere to Article 160(1) of the Constitution, which states that judicial authority is subject only to the Constitution and the law, and the Judiciary shall not be subject to the control or direction of any person or authority,” she declared.
In response to ongoing threats to the judiciary’s independence, including vilification and criticism of judges, disobedience of court orders, and insufficient resource allocation, Koome called on Kenyans to support the judiciary’s independence for the benefit of the public.
While acknowledging the constitutional protection of judges’ decisional autonomy, Koome assured that the judiciary would continue engaging in constructive dialogue with other government branches and agencies to address challenges in the administration of justice.
Speaking after chairing a three-day consultative meeting of heads of courts in Naivasha, the Chief Justice’s remarks followed the judiciary’s concern about the Nakuru County Government’s recent disregard of six court orders related to the reopening of the Memorial War Hospital and the Affordable housing levy.
The judiciary has been at odds with the executive since November of the previous year when the courts declared the Housing Levy Fund, designed for affordable housing construction, as unconstitutional.
Koome criticized the underfunding of the judiciary by the exchequer, noting that despite requesting Sh43 billion for its activities and constitutional obligations, only Sh20 billion was provided during the 2023/24 financial year.
Highlighting the significance of adequate funding for the judiciary’s core constitutional mandate, Koome urged continued engagement with stakeholders for constitutional and legal amendments to protect the judiciary’s budget and streamline its operations.
Recognizing the time-sensitive nature of certain cases, the Chief Justice directed superior courts to prioritize these matters, ensuring their swift conclusion while upholding the principle that justice must be accessible to all, regardless of their status.