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The Judiciary Is Aiding and Abetting Executive Impunity in Kenya!
March 23, 2023
A joint press statement by leading CSOs in Kenya.

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!

  1. Inuka Ni Sisi Ltd
  2. Transparency International Kenya
  3. The Institute for Social Accountability
  4. Constitution and Reform Education Consortium
  5. Siasa Place
  6. Inform Action
  7. Muslims for Human Rights
  8. Haki Yetu Organisation
  9. CSO Network
  10. Kenya Human Rights Commission
  11. Midrift Human Rights Network
  12. Defenders Coalition
  13. Centre for Enhancing Democracy and Good Governance
  14. Mazingira Institute