The Jubilee party has led an all out onslaught on the judicial system in Kenya in the recent few days.
Led by President Uhuru Kenyatta and his Deputy William Ruto, the Jubilee party has accused the judiciary, pointing fingers at the Chief Justice Maraga, of working in cohorts with the opposition NASA to frustrate the efforts of Independent Electoral and Boundaries Commission to conduct free and fair elections.
The Jubilee brigade has gone ahead to name some members of the bench who they feel have close ties, including family relationships with politicians in the National Super Alliance (NASA).
Is the attack by Jubilee machinery against the Judiciary constitutional? What does the constitution say about the Judiciary?
According to the Kenyan Constitution, the Judiciary is an independent body that has to function without any intimidation from any authority.
Chapter ten, Article 160 of the Kenyan constitution states that,
In the exercise of the judicial authority, the Judiciary, as constituted by Article 161, shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority.
Article 159 (2) (a), on the other hand, states that;
In exercising the judicial authority, the courts and tribunals shall be guided by: (a) justice shall be done to all, irrespective of status and (b) justice shall not be delayed.
The Jubilee outbursts are in contravention with the Kenyan Constitution and Kenyans and civil societies should not take this lightly.