Kenyatta to Judiciary: Beware of judicial gatekeepers, justice brokers

President Uhuru Kenyatta wants the Judiciary to guard against exploitation by individuals he says have undeclared interests in outcomes of judicial processes on key cases.

Kenyatta was speaking during the launch of the 2017/18 State of Judiciary and Administration of Justice (SOJAR) report.

“Corruption is continuing its vicious attack on our people and our nation and the judiciary is not immune to its illicit lures and intimidation. There are known culprits who exploit the court process and its judgment to escape from the consequences of their economic crimes,” he said, noting how some judicial officers and lawyers had mastered the art of obtaining injunctions to obstruct justice with a strong tendency to manipulate court decisions by “gate keeping and brokering of justice.”

Citing ordinary Kenyans as the victims of this judicial havoc, the Head of State expressed his concern over injunctions which had left key projects tied to his four-point development agenda stalled.

“Projects worth colossal amounts of money have stalled either because courts have put injunctions or stopped processes altogether,” the President lamented, adding the injunctions had been issued “in total disregard of accruing interest due to delays in the execution of projects as per contractual obligations.”

“The taxpayer has to honour penalty payments on loans on some of these stalled projects. It is unfortunate that there’s a thread of individuals who’ve continued to pursue this matter with undeclared interests.”

Kenyatta warned that should the Judiciary fail to redeem itself and fight the public perception that some judicial officers and practicing lawyers are above the law.

He said the apparent capture of courts by a section of individuals with vested interest was damaging Kenya’s constitutional dispensation.

“If allowed to continue, this practice could cast us into judicial tyranny. The Judiciary cannot apply one standard for others and one for itself. If anything the Judiciary should hold itself to a much higher standard.”