Kenya’s judiciary has come under renewed scrutiny after the The Standard Group published a strongly worded critique warning that the country’s courts risk losing the independence they gained under the Constitution of Kenya 2010.
In commentary released on Monday, March 16, the newspaper described the judiciary as a “captured bench,” arguing that a series of developments point to increasing influence from the Executive arm of government.
According to the publication, the institution that was once widely praised for asserting its autonomy after the 2010 constitutional reforms now faces growing accusations of bending to political pressure.
The media house pointed to what it termed a troubling pattern of controversial court rulings, alleged disregard for court orders, and the transfer of judges whose decisions appear to challenge the State.
Such developments, it argued, have raised fears among critics that the Presidency could be exerting greater control over the courts, potentially undermining the principle of separation of powers.
The concerns highlighted by the newspaper come amid wider public debate about institutional independence and the rule of law in Kenya.
Since the adoption of the 2010 Constitution, the judiciary has often been viewed as a key pillar in safeguarding democratic governance and protecting citizens’ rights against abuses of power.
Legal experts have also raised questions about the impact of judicial transfers on the delivery of justice.
According to Patricia Buyee Angapa of Kabarak University, transferring a judge before the delivery of a judgment can significantly disrupt court proceedings.
Angapa explained that when such transfers occur, the incoming judicial officer is frequently required to begin the case afresh under the legal doctrine known as de novo.
This principle requires the new judge or magistrate to rehear the case from the beginning rather than relying on earlier proceedings.
She noted that this process can significantly delay justice for litigants, many of whom may have already spent years pursuing resolution through the courts.
The criticism from the publication adds to ongoing national conversations about the independence and efficiency of Kenya’s justice system.