Six Kenyan Judges currently serving on the bench, were recently denied appointment to higher courts by the President. The Kenya Magistrates and Judges Association calls this ‘shocking turn of events’ in a recent statement ‘baffling, unfounded and patently unconstitutional’.
Judges for Judges, the Commonwealth Magistrates’ and Judges’ Association (CMJA), the Commonwealth Legal Education Association (CLEA) and the Commonwealth Lawyers Association (CLA) urge the Kenyan President to respect both domestic law and international applicable standards in the appointment of judges, to ensure the independence of the judiciary: cornerstone of the rule of law.
The setting up of a tribunal must be consistent with the rule of law and the Constitutional safeguards that are afforded to everyone in the country concerned. The judiciary like other members of society may not be subjected to violations of their fundamental human rights no matter what the charges are against them. The existence of an independent and impartial judiciary is one of the cardinal features of any country governed by the rule of law. By virtue of its membership of the Commonwealth, Botswana is committed to the shared fundamental values and principles of the Commonwealth, at the core of which is a shared belief in, and adherence to, democratic principles including an independent and impartial judiciary. Any measure which is capable of being seen as eroding the independence and impartiality of the judiciary, or the fundamental rights that they are entitled to as citizens or residents of the Botswana is a matter of serious concern. Continue reading CMJA Statement on the setting up of a tribunal to impeach four Justices in Botswana→