Inuka Kenya | Ni Sisi!

Civil Society Response to Judiciary Press Statement of 25th March 2022

by Inuka Kenya | Mar 25, 2023 | Press Statements

We, the undersigned organizations, are concerned that Kenya is slowly sliding down a dangerous path where the Executive increasingly engages in illegalities and defies the rule of law. In light of this, we publicly decried the swearing-in of Chief Administrative Secretaries (CAS) against a litany of cases filed in court to challenge the proposed office of CAS.

We have read the statement by the Judiciary issued on the 25th March 2023 stating that it did not facilitate the swearing-in of the 50 illegal CAS at Statehouse, Nairobi and is never engaged in swearing in the Executive save for the Presidency. We appreciate this clarification. In light of the clarification, we retract our statement regarding a top Judiciary official facilitating the swearing-in of CAS on 23rd March 2023 and apologize unreservedly for that error.

We wish to clarify and draw the attention of the Judiciary to the fact that our initial statement was issued by 14 civil society organisations rather than an individual or one institution as highlighted by the Judiciary statement.

Since we issued our joint statement, many Kenyans celebrated the two conservatory orders issued on 24th March 2023 by the Judiciary against the actions of this government, the first in a long time. The Judiciary stopped, through interim orders, the 50 CAS from assuming or continuing in office or from earning any remuneration, benefit, or salary in the interim. The Judiciary also upheld media freedom by suspending the Communication Authority of Kenya’s censure of the six TV stations for factual reporting on the recent demonstrations through conservatory orders. However, we reiterate that the Judiciary had many opportunities to stop the swearing-in of the CASs by issuing conservatory orders but delayed causing Kenyans injustice.

Given how the Executive has numerous times refused to adhere to the rule of law, the Judiciary remains Kenyans’ anchor and must remain independent, firm and true. It must always act above suspicion by fiercely upholding the rule of the law and the Constitution.

Signed this 25th Day of March 2023 in Nairobi by:

The Judiciary Is Aiding and Abetting Executive Impunity in Kenya!

by Inuka Kenya | Mar 23, 2023 | Press Statements

Dear Kenyans,

The Judiciary under the leadership of Chief Justice Martha Koome has today appalled us and made a mockery of its constitutional role by presiding over the 7.00 am swearing in of 50 illegal Chief Administrative Secretaries (CAS) despite an active case. The case, challenging the appointments of CAS, was due for a mention today at 9.00 am.

The Judiciary has had numerous opportunities to stop these illegal appointments but failed to act. Instead, the Judiciary by this stroke is responsible for aiding and abetting impunity. This action undermines the rule of law, and increases the public wage bill, even as Kenyans reel under an economic crisis.

When Eliud Matindi and others challenged the CAS appointments, the courts denied them conservatory orders to protect the constitution. Instead, the court fixed the case for mention (not hearing) today at 9:00 am. Yet by sunrise, the same Judiciary had sent a top official to swear in the 50 illegal CAS at Statehouse. These actions by the Judiciary are akin to a wild goose chase!
Kenyans know that conservatory orders preserve and protect the Constitution while a case is pending. By refusing to issue conservatory orders and giving dates so far into the future, the Kenyan Judiciary is facilitating Executive impunity. Amidst signs of an imperial presidency, the Kenyan Judiciary has abandoned its job of protecting Kenyans from impunity and violation of the Constitution of Kenya.

We stand against the rising judicial Utado! and demand that the Judiciary stops serving Kenyans hot air!
Signed: