AS SEEN IN THE EYES OF MUSALIA MUDAVADI.
By Amunga Akhanyalabandu
It is important we make a clear distinction between independence and inter-dependence of the Judiciary.
IMMEDIATELY after a five judge bench annulled the BBI BILL, there was hue and cry across the country with some supporting the ruling, while others castigated it.
In a statement released by Musalia Mudavadi he made it clear *that there must be judicial independence where rulings are concerned. This is in line, *not only with governance best practice, but also with the dictates of our constitution (Article 160, subpart 1).*
There must also be inter-dependence on administrative matters.
For example , collaboration on resourcing issues.
So we must have both. Yet inter-dependence cannot framed in such manner as to erode judicial independence. For judicial independence is integral, and not just incidental, to good governance.
In that regard, judicial independence ought to be deemed to be sacrosanct, particular where mechanism already exist for ensuring judicial accountability.
The bench on Thursday issued a permanent injunction to the IEBC from taking a further step with regards to amending the constitution of Kenya.
The govt via the AG has since appealed the five judges that ruled that the processes followed in the Constitutional Amendment Bill,2020, were illegal and declared the whole exercise null and void.
Mudavadi says that those attacking the Judiciary are veering off from the solemn duty of adhering to the rule of law.
“Kenya is a democracy built on the basic tenets of separation of powers, checks and balances and respect for the rule of law. It is therefore imperative that from the onset, we accept and respect the decision of our courts,” he said.
The ANC PARTY and It’s leader Musalia Mudavadi have stated many times, that when they take power in 2022, one main pillar that his govt will have, is PROTECTING the independence and interdependence of the Judiciary. Meanwhile Musalia has welcomed and congratulated the new CJ in Kenya Madam MARTHA KOOME via a tweet message.