As Kenya’s legal and political drama unfolds, recent events surrounding the appointment of Kithure Kindiki as the next deputy president of Kenya following the impeachment of Rigathi Gachagua have exposed a significant weakness in our judicial system.[…]CLICK HERE TO READ THE FULL ARTICLE▶
Numerous court orders have been issued from various judges across the country, all seeking to stall this process.
While this is already a concerning development, my deeper worry lies in the day we might face conflicting orders — orders that directly oppose each other — which would pose a serious threat to justice and democracy in our nation.
This phenomenon raises a critical question; why should we have a judicial system where litigants can seek orders from courts far removed from the jurisdiction of the action?
What does it mean for the integrity of our courts when individuals strategically “forum shop” for judges likely to grant them favourable orders, even when the matter at hand is of national significance?
The issue at hand is not merely about Kindiki’s installation as the next deputy president
but about the long-term implications of such judicial disorder.
When court orders are issued from different parts of the country, stalling political processes or contradicting one another, the result is confusion and uncertainty.
Legal orders that should guide governance and the rule of law are instead creating chaos.
This is a perfect recipe for undermining the public’s faith in our judicial institutions.
Consider this; What will happen the day we receive conflicting orders? What happens when one court allows an action while another halts it?
We are already seeing the beginnings of this disorder.
Today, it is about the office of the deputy president, but tomorrow, it could be any other critical government process.
If this continues, it will be law enforcement officers and government agencies caught in the middle, unsure of which court order to obey.
Such contradictions breed dysfunction, weaken respect for court rulings and turn our judiciary into a battlefield where strategic litigants exploit loopholes rather than pursue justice.
This is not to say that the courts do not have an essential role in resolving political disputes.
They are a pillar of democracy and serve as a vital check on government actions.
However, when used improperly or manipulated through forum shopping, the judiciary ceases to be an impartial arbitrator and instead becomes a tool for delay, confusion, and political manoeuvring.
We must ask ourselves; What is the solution to this growing problem?
The judiciary should prioritize ensuring cohesion and clarity across jurisdictions.
Litigants should not be allowed to exploit the system by filing cases in far-flung courts that have no direct connection to the issue at hand.
The Judicial Service Commission, together with the Chief Justice, must institute reforms that streamline judicial procedures, especially in politically sensitive cases, to prevent this kind of chaos.
If we fail to address these issues, Kenya risks falling into a dangerous precedent where conflicting court orders become the norm rather than the exception.
This would severely undermine not just the judiciary but the rule of law and, eventually, the stability of our entire political system.
At the heart of this is a simple truth: A functioning democracy requires a well-regulated and consistent judiciary.
The future of our nation depends on it.
The author is a political analyst and commentator on Kenyan politics and a 2022 Senate Candidate for Migori County…CLICK HERE TO READ MORE ARTICLES>>>
