Youre Setting The Stage For Anarchy, Cj Martha Koome Tells President Ruto

Chief Justice Martha Koome has warned President William Ruto against threats to disobey court orders, saying the move is setting the stage for anarchy in the country.

President Ruto on Tuesday vowed to disobey court orders, saying the injunctions and rulings were meant to derail his government's agenda.

In a memo to judges and judicial officers seen by the on Thursday, Justice Koome, who is also the Chief Justice, warned that when state or public officials threaten to disobey court orders, the rule of law is compromised and the stage is set for anarchy.

Without naming Dr Ruto, the CJ added that defying court orders is a breach of the public trust placed in state and public officers who should at all times act in a manner consistent with the objects and purposes of the Constitution.

'In this regard, and in line with our corresponding constitutional duty to uphold the Constitution at all times, I call upon you to ensure that court orders are enforced and that judicial authority is unflinchingly upheld,' the statement read.

Justice Koome called on other state organs and stakeholders in the judiciary to engage in dialogue to ensure the 'constitutional order of our nation where justice is a common good for all'.

The CJ regretted the recurring trend of discussing live matters in court in public, saying it was a matter of great concern as it tended to threaten and intimidate judges and judicial officers to rule in a particular way on matters that affect government policy.

She urged the judges to continue to discharge their duties without fear or favour and in accordance with the judicial oath of office, saying her office and the Judicial Service Commission (JSC) will continue to protect the constitutional principle that guarantees the discharge of their mandate without control or direction from any person or authority.

In a statement issued by the JSC, Justice Koome said that deliberately ignoring or disobeying court orders undermines the right of access to justice, as it 'fatally undermines the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal obligations enforced'.

'The JSC has therefore noted with concern that honourable judges and judicial officers have been subjected to public criticism and vilification for issuing court orders that are perceived to be contrary to state programmes and policies,' Justice Koome said.

The statement reaffirmed the independence and integrity of the judiciary as a co-equal arm of government and urged all judges and magistrates to discharge their duties without fear or favour.

The Kenya Magistrates and Judges Association (KMJA) also urged the President to respect the Constitution and stop intimidating judges.

The Association's Secretary General Mark Olando reiterated that Article 160 of the Constitution specifically outlines the independence of the judiciary, stating that judges and judicial officers shall not be subject to the control or direction of any person or authority.

'This provision protects the judiciary from undue influence or interference and allows judges and judicial officers to make decisions based solely on the law and the facts presented to them,' Mr Olando said.

The association further said that the President's remarks alleging that some judicial officers are corrupt tarnishes the image of the judiciary, which can have a serious impact on democracy.

'The President's remarks are not only unfortunate but are aimed at ridiculing and portraying the Judiciary in a negative light in the eyes of the public, thereby compromising the independence of the Judiciary,' he said.

The Law Society of Kenya (LSK) also condemned Ruto's comments and vowed to fight to ensure that the courts remain free from intimidation and threats from any quarter.

LSK President Eric Theuri said gone are the days when the judiciary played second fiddle or bowed submissively to the executive branch of government headed by the Head of State.

Mr Theuri said the Judiciary, as the guardian of the Constitution, has acted as a check against Executive excesses and has thwarted attempts by previous regimes to impose constitutional reforms on the peo