After joining PRESIDENT UHURU KENYATTA in swearing in of 34 of the 40 judges CJ Martha KOOME has made a statement where she tells PRESIDENT UHURU KENYATTA to obey the law. She wrote and I quote; “No person or authority is allowed to direct the JSC or the Judiciary in the execution of their mandate”
It is a good statement. Without prejudice to CJ Emeritus David Maraga, and proves that her style is different from his.
It is not lost to all of us that Martha Koome was in the team of Court of Appeal judges that decided the petition against the IEBC on a public holiday. In the 2017 case, the Appeals court overturned the High Court ruling that found the appointment of IEBC returning officers as illegal. Was she sincere with this move? Is is her style? Or was she playing politics?
What is interesting is that, she has mangaged to get us some judges. Something that Maraga could not do. At least we have 34 out of the 40, which is 85%. And as she points out, the remaining 6 can be appointed later. Martha Koome is not Maraga is not Mutunga. People want her to be what she is not. I choose to let her be her own person. If she fails, it will be sad. If she performs, it will be great.
Incidentally, the 6 can be removed by tribunal before ‘later’ arrives. Nothing prevents petitions from being filed now, i.e. so as to trigger the removal process.
Depending on our way of looking at things we may see positives here. Kenyans get more judges in all these courts. That means enhanced administration of justice.
And so in my mind at least, Kenya has come out ahead. Kenya wins. Quite refreshing, her style. Chief Justice Martha Koome. Quite refreshing indeed.
Let us watch her more closely.