Former Deputy Chief Justice Nancy Baraza has urged Chief Justice Martha Koome to maintain judicial independence, stating that she is not obligated to respond to President William Ruto or any executive demands regarding judicial rulings. Speaking on Citizen TV on November 8, 2024, Baraza emphasized that any responsiveness to executive pressure would undermine the autonomy of the Judiciary.
“I don’t think the Judiciary or the Chief Justice is under any obligation to respond to the President or the Deputy President’s requests. They can remain silent; they owe them no explanation,” Baraza affirmed.
Her remarks followed recent statements from both President Ruto and Deputy President Kithure Kindiki, who suggested that the Judiciary should be mindful of national and public interests. President Ruto, on November 4, asked the Judiciary to avoid involvement in “anti-people protests” and hinted that judicial decisions should align with the public's will, as reflected in the government’s policy and manifesto.
Deputy President Kindiki further called on the Judiciary to clarify the balance between public and national interests, suggesting that sometimes public opinion can be swayed for negative purposes that threaten national stability.
During the same Citizen TV interview, former Law Society of Kenya President Nelson Havi countered, arguing that "national interest" can be used to override public interest. He insisted that the Judiciary’s primary duty is to uphold the law and respect public sentiment, urging the Supreme Court to be mindful of the people’s views, especially after its recent decision to uphold the Finance Act of 2023.
Baraza, in her appeal to CJ Koome, recommended the approach taken during her tenure with former Chief Justice Willy Mutunga, when the Judiciary maintained limited interaction with the Executive. “During my time with CJ Mutunga, we had minimal engagement with the Executive. Perhaps this is something the current Chief Justice and Deputy Chief Justice should consider to avoid getting pulled into political controversies,” she suggested.
Chief Justice Koome has firmly stated her commitment to upholding judicial independence, recently affirming that she will not tolerate any interference from the Executive or any other authority. “No one has ever tried to influence me throughout my career, and the Constitution is clear on our independence. Anyone attempting to interfere will be referred to it,” Koome said in an interview on Spice FM.
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