Courts doing badly on political cases, says ICJ

The Judiciary was on Wednesday criticised for evading controversial political issues presented to it as legal disputes.

Lawyer George Kegoro, the director of International Commission of Jurists (ICJ) Kenya section, said the Judiciary had not done a good job in deciding on cases with a high political content. It was thus not trusted to handle sensitive political cases, he added.

He cited the Judiciary’s historical failings and its inability to step into political matters on behalf of the public.

“The Kenyan Judiciary has over the entire period of Kenya’s independence found ways not to engage with controversial political issues when these are presented to it as legal disputes that require adjudication,” he said in a presentation.

Competition

Citing examples spread over Kenya’s post-independence period, the lawyer said it was clear the Judiciary had not been able to regulate political competition.

According to the lawyer, fundamental rights in the country have been claimed on the streets when there was a Judiciary that could have asserted them on behalf of those that claim them.

He told a reconciliation and institutional reforms forum that the 2007 presidential election results were a typical case where the Judiciary’s credibility was put into question.

“The appearance of the chief justice within a short period of time to conduct a swearing-in ceremony cast the Judiciary in partisan light,” he said.

The ICJ boss said the Judiciary could therefore not be looked upon as a reliable legal arm to help resolve a dispute.

Challenges

The Judiciary had often been regarded as incapable of resolving the political disputes and ended up being considered irrelevant. He also drew the participants’ attention to the challenges facing the justice system, among them the cost of legal services and delays.

He said the Judiciary faced insurmountable challenges whenever it sought to make influential people in society accountable, especially with regard to high profile corruption cases.

He also cited the system of judicial appointments saying it lacks transparency.