The Judiciary has issued a strong warning against intimidation and threats directed at judges and judicial officers, emphasizing that such actions could compromise judicial independence and the rule of law in Kenya.
In a media engagement on February 6, 2025, Judiciary Spokesperson Paul Ndemo reaffirmed the institution’s commitment to upholding justice while calling for respect for the judicial process.
“While we are not averse to criticism, threats and intimidation will only hamper the proper exercise of judicial independence, a situation we cannot afford as a country. Similarly, insults directed at certain judges and judicial officers will adversely affect the authority of the courts and the entire administration of justice,” Ndemo stated.
Milestones and challenges
The Judiciary outlined significant milestones achieved since the promulgation of the 2010 Constitution, which strengthened judicial independence and access to justice.
Spokesperson Ndemo highlighted key reforms, including the establishment of Small Claims Courts, the expansion of the Alternative Justice System (AJS), and the automation of court processes.
“The Judiciary has moved from being a subdued institution to one that can articulate and defend its independence. We have also expanded access to justice by launching Small Claims Courts, which have resolved over 50,000 cases worth Ksh 9.2 billion,” he noted.
However, he pointed out that the Judiciary continues to grapple with systemic challenges, including a funding shortfall of 48%, an increasing backlog of cases, and the need for more judicial officers to handle the rising workload.
“We are not oblivious to the many systemic, physical and economic barriers that impede the delivery of justice such as corruption, distance to court, shortage of resources, and growing number of filed cases compared to the number of judges and magistrates. However, the major challenge that we continue to grapple with is how to bridge a funding shortfall of 48% which affects essential service delivery items,” Ndemo said.
Transparency and accountability
Ndemo reassured Kenyans that the Judiciary remains committed to transparency and accountability, citing the Judiciary Ombudsman’s Office, the Judiciary Complaints Management System, and parliamentary oversight mechanisms as crucial avenues for addressing concerns about the institution.
“We received 1,115 complaints through our Judiciary Complaints Management System last year, in addition to 331 carried forward from the previous year. Of these, 93% were resolved, demonstrating our commitment to addressing grievances effectively,” he added.
Constructive criticism
The Judiciary underscored its openness to scrutiny but cautioned against undue pressure and unwarranted attacks on judicial officers.
“We assure the Kenyan public that the Judiciary remains steadfast in its commitment to ensuring that the rule of law and justice are upheld. We are also ever mindful of the constitutional demand, and indeed the people’s expectation, to have their cases resolved without unnecessary delay,” Ndemo concluded.
Judiciary Spokesperson Paul Ndemo speaks on expanding doorways of justice. pic.twitter.com/Cspwmng7cX
— The Judiciary Kenya (@Kenyajudiciary) February 6, 2025
Growing tension
This statement comes amidst escalating tensions between Kenya’s judiciary and the Law Society of Kenya (LSK).
On January 30, 2025, LSK issued a strongly worded statement instructing its members not to attend a judicial dialogue forum, citing multiple unresolved issues, such as frequent absenteeism by judicial officers and significant delays in issuing rulings.
LSK highlighted allegations of rampant corruption within the judiciary, where advocates reportedly faced pressure to pay facilitation fees for services.
“Lateness of Judicial Officers in attending court sessions or absenteeism; Judicial Officers attending court under the influence of alcohol or else while intoxicated are challenges that advocates have continued to experience and they, therefore, pose a big threat to access of justice in the country,” LSK said.
LSK also condemned the barring of specific advocates from appearing before the Supreme Court and criticized the judiciary for proceeding with the dialogue event while ignoring these pressing issues.
The society emphasized that while it condemns any form of intimidation directed at the judiciary from the Executive or other forces, it cannot overlook the systemic issues that hinder the administration of justice.
“We cannot sit by and watch as our members’ bread and butter is threatened by the systematic inefficiencies and disregard of our members’ rights to livelihood and the Kenyan people’s absolute right to justice,” LSK said.
