Talks between Judiciary, Executive inevitable- JSC Vice chairperson says

Judicial Service Commission (JSC) Vice Chair Macharia Njeru has defended Chief Justice Martha Koome’s decision to meet President William Ruto for talks.

Njeru, appearing on Spice FM on Thursday, held that it is not realistic to say that the Chief Justice and the President should not meet as they are both heads of Arms of Government.

But, the CJ cannot discuss the governance of the Judiciary and how the judges should handle themselves while at work as they are independent and their duties are guarded by the Constitution, he said. 

Further, he advises that if there are any legal issues around the decisions made by court, members of the Executive should follow the right channels and refrain from making public statements as witnessed in the recent weeks.

“We accept as JSC that whenever there are challenges that relate to judicial services there are actions taken. We don’t dispute that one can have an issue but it is how you address it. For instance, if you have an issue with a judge or a judicial officer, prepare your complaint and present that documentation to JSC and a due process will be followed,” said Njeru.

According to the JSC Vice-Chair, the public declarations made are disadvantageous to the judges because they cannot respond to the allegations made against them.

Without presenting any evidence, Njeru says that the sentiments made can only be used to intimidate the judges into making decisions that favour them.

 “One cannot speak from two sides of the mouth; that when the Judiciary decides against you they are corrupt but it is independent and respectable when decisions are made in your favour,” he added. 

This he says not only destroys the independence of the Judiciary but also takes away its respect as an arm of the Government.