Electoral Law &Governance Institute for Africa (ELGIA) together with other civil society organizations (CSOs), have warned about the growing threats to judicial independence in Kenya during a media briefing which happened at Nairobi hotel.They addressed several critical issues, highlighting the delicate balance between holding judges accountable and protecting the judiciary from political interference, especially as the country prepares for the 2027 General Elections.
Civil society organizations expressed deep concern about the sustained attacks on the judiciary through political rallies, press statements and social media. These attacks, they noted, have not only strained relations between the judiciary and the executive, but have also fueled a worrying trust deficit among Kenyans. Recent polls show that 57% of citizens distrust the judiciary, a troubling statistic for an institution tasked with upholding the law.
In a statement read by the CSOs ,they also addressed ongoing petitions to impeach Supreme Court justices. They stressed that such processes should not be used as a weapon to undermine the independence of the judiciary. They called for strict adherence to fair trial guarantees and procedural safeguards to ensure that accountability mechanisms serve their intended purpose and do not become tools for political manipulation.
The discussion also focused on the importance of ensuring electoral justice ahead of the 2027 general elections. The judiciary plays a critical role in resolving electoral disputes, particularly those related to the presidential election. With a pending request for an advisory opinion from the Independent Electoral and Boundaries Commission (IEBC) on constituency reviews, CSOs stressed the need for a fully functioning Supreme Court bench to ensure timely and impartial resolutions.
The CSOs warned that any compromise in the Judiciary’s capacity to oversee electoral processes could destabilize the 2027 elections and weaken Kenya’s constitutional democracy. They urged all stakeholders to prioritize the protection of judicial independence, emphasizing that a strong and impartial Judiciary is essential for maintaining public confidence and upholding the rule of law.
