Kibwana: Constitution leaves no middle ground for holding judges accountable

Former Makueni Governor Kivutha Kibwana has cautioned that the Judiciary's resistance to accountability mechanisms for judges could expose it to vulnerability. During an interview on Thursday, Kibwana, speaking amid celebrations of Kenya's 16th year since the 2010 Constitution, noted there is no middle ground for addressing less serious accountability concerns involving judicial officers.

"The problem arose when the judiciary at the apex courts said accountability can only happen through constitutional removal procedures," Kibwana stated. He argued that the lack of an intermediary accountability process could hinder addressing concerns that do not merit the lengthy constitutional removal process. Kibwana warned that judicial officers' efforts to block accountability proceedings through court interventions could raise conflict of interest perceptions.

"It's not enough to simply block accountability queries by going to court," he emphasized. The former governor stressed the need for extensive deliberations to balance judicial independence and accountability. "This matter requires a lot of deliberations," Kibwana said. However, he cautioned against weakening the Judiciary by allowing accountability debates.

"We also have to be careful so that we don’t get another branch of government wanting to destroy the judiciary," Kibwana cautioned. The constitutional law expert highlighted the Judiciary's crucial role in safeguarding citizens, recalling its support during his tenure as Makueni governor.