In recent months, the call for Chief Justice Martha Koome’s resignation has gained momentum among certain factions of legal fraternity. Their grievances range from accusations of enabling corruption within the judiciary to dissatisfaction with her leadership. While criticism is inevitable in any leadership position, the manner and intent behind these calls are worth dissecting.
The 2010 Constitution provides a clear framework for the removal of a Chief Justice. This process is deliberate, structured, and designed to ensure fairness and accountability. Yet, what we see now is a push for her to step down under pressure a tactic rooted more in political expediency than in constitutional order. This route, often spearheaded by self-styled “Jurispesa” activists, is not only unproductive but sets a dangerous precedent for the independence of our judiciary, the People Shall oppose self interests masked as Public Interest Manenos !
Let us be honest, no Chief Justice in Kenya has ever escaped scrutiny or criticism. Be Dr. Willy Mutunga who is widely celebrated by Jurispesa activists to David Maraga, each has faced accusations of partiality or incompetence just like Koome, yet he stands as best Chief Justice in the Court of Public Opinion. Ironically, the same voices now condemning Koome are often the ones who installed and celebrated previous judicial heads. This revolving door of dissatisfaction points less to the individuals at the helm and more to systemic issues that require collective reform.
Martha Koome’s tenure, like any other, has not been without faults. Her comments during the presidential petition hearings, which many deemed undemocratic, were undoubtedly a low moment. She apologized for those remarks, a rare admission of fallibility in Kenya’s political and judicial landscape. However, to reduce her legacy to that single incident is not only unfair but a disservice to the strides the judiciary has made under her leadership.
Yes, the judiciary has its challenges. Corruption, case backlogs, and resource constraints continue to plague the system. But these are not issues that begin or end with the Chief Justice. They are deeply ingrained problems requiring systemic overhauls, institutional support, and collective goodwill from all stakeholders.
Martha Koome’s critics often invoke her gender, subtly suggesting that her leadership is inherently weaker because she is a woman. To her credit, Koome has largely avoided playing the gender card, but when she has just once, it has drawn disproportionate backlash. This double standard speaks volumes about the society we live in, a society quick to undermine women in positions of power while conveniently ignoring their achievements.
It is also worth questioning the motivations of those spearheading her removal campaign. Their own reputations are far from pristine, and their self-interest in this fight cannot be overlooked. The judiciary’s independence is too critical to be sacrificed at the altar of political gamesmanship.
My advice to Martha Koome? Stay the course and form a war Council. Do not flinch in the face of these distractions. Leadership is not a popularity contest, and you will never please everyone. Focus on building a strong team, implementing reforms where possible, and addressing the legitimate concerns of Kenyans.
To the critics, if your grievances are genuine, use the constitutional channels provided, ghese channels have been successfully used before. Anything less undermines not just the Office of the Chief Justice but the very judiciary you claim to want to save. As for the rest of us, we must resist the temptation to scapegoat individuals for systemic problems. The judiciary is our collective responsibility, and real change will only come when we address its root issues, not just its figureheads.
Stay put, Martha. History will judge you more fairly than the present. The people Shall help you Resist
By Hon. Billy Mijungu
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