PRESS STATEMENT: Statement on the Threats to the Independence of the Judiciary.

Nairobi, 24th January 2025 – The Federation of Women Lawyers in Kenya (FIDA-Kenya) has carved a niche as a fearless defender of women’s rights and the rule of law. To date, FIDA-Kenya has assisted close to 4,000,000 women and girls in Kenya and beyond. For 40 years, FIDA-Kenya has focused on justice interventions through pro-legal aid interventions, capacity strengthening of duty bearers in the justice sectors and rights holders, and institutional strengthening.

For over two centuries, fundamental rights and freedoms have been a global concern, culminating in the Universal Declaration of Human Rights in 1948. The Constitution of Kenya, 2010 assigns the Judiciary the role of impartially and independently defending these rights and freedoms. FIDA-Kenya, as an ardent National Council on the Administration of Justice (NCAJ) member, is part of this global movement, ensuring that women, children, the elderly and other vulnerable citizens enjoy their human rights and freedoms through engagement with the Judiciary.

It is, therefore, with great concern that FIDA-Kenya has witnessed continuous and biased attacks against the Judiciary by members of the legal fraternity and the public seeking to hold the Judiciary accountable. While we underscore the importance of integrity, accountability and transparency by the Judiciary, we equally emphasize that calls and demands for justice must be objective, impartial, and focused. Unfortunately, a section of the legal fraternity has chosen to make the attack of the Judiciary personal against certain personalities in the judiciary leadership, mainly the Honorable Chief Justice and President of the Supreme Court of Kenya.

As a key justice stakeholder, FIDA-Kenya condemns the aggressive and biased criticisms seeking to undermine the independence of the Judiciary. We maintain that it is imperative to safeguard the Judiciary’s constitutional role in dispensing justice and upholding the rule of law, even when providing criticism and feedback to the institution.

FIDA-Kenya strongly urges members of the legal fraternity and the public to ensure that calls for integrity, accountability, and transparency by judicial officers and staff are undertaken with due process and do not compromise the principles of justice. Further, we encourage the channelling of complaints through existing independent Constitutional offices, such as the EACC and the JSC, established to oversee the functions of the Judiciary. This route will ensure that the rule of law and the tenets of justice are upheld and maintained.

Further, FIDA-Kenya regrettably notes the recent arbitrary withdrawal of the security detail attached to the Office of the Chief Justice and other judicial officers and the decision to reduce the number of police officers assigned to the Judiciary. We note that the Inspector General of Police undertook these actions without prior notice, justification, or explanation to the leadership of the Judiciary.

FIDA-Kenya maintains that these actions by the IG of Police act as threats and intimidation to the independence of the Judiciary and undermine their mandate to discharge their judicial duties without fear or favour. The decision by the IG of Police additionally serves to weaken the public confidence in the Judiciary and the rule of law.

Therefore, FIDA-Kenya calls upon the Cabinet Secretary for Interior and National Administration, Hon. Kipchumba Murkomen and the Inspector General of the National Police Service, Douglas Kanja, to immediately reinstate the officers deployed to the Judiciary through the Judiciary Police Unit. We also call upon the Judiciary to ensure the discharge of its mandate with integrity, transparency, accountability, and the dispensation of justice without fear or favour. Any perpetrators against the rule of law should be brought to book regardless of their position, stature, or societal influence.

Christine Kungu

FIDA-Kenya Chairperson

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