Chief Justice Martha Koome, in her recent address during the Inaugural High Court Human Rights Summit in Nairobi, made it clear that she will not resign, despite mounting criticism and cyberbullying. Her defiant statement was a response to critics who have been using various means to challenge her leadership and push her out of office. In a candid and forceful speech, Koome outlined the challenges she faces as the head of Kenya’s judiciary and reaffirmed her commitment to her mandate and the rule of law.
Cyberbullying and Technologically Facilitated Gender-Based Violence
Chief Justice Koome began by acknowledging the personal attacks she has faced, describing them as a form of cyberbullying and technologically facilitated gender-based violence. “When I speak, I always confess that I’m a victim of cyberbullying, or is it called technologically facilitated Gender-Based Violence,” she said. “But I know the intention. It’s a business model, I don’t know to achieve what. Maybe to scare, distract, defame, and hound me out of office but they can try something else.” This acknowledgment underscored the toxic environment in which she and many other public figures operate today, where online platforms can be used as tools for harassment and intimidation.
Despite these personal attacks, Koome emphasized her resilience and determination to continue her work. “They can try something else,” she asserted. “I am not going anywhere.” Her remarks were a powerful rebuttal to the critics who have sought to undermine her authority and influence within the judiciary. Koome’s response highlighted her refusal to be distracted from her mandate by those who wish to see her removed from office.
Judiciary’s Role in Upholding Democracy and Fighting Corruption
Beyond the personal attacks, Koome also addressed the broader context in which the judiciary operates. She noted that the judiciary in Kenya is increasingly under attack, not just from anonymous cyberbullies but also from prominent lawyers and human rights organizations who have been vocal in their criticism of her leadership. This scrutiny reflects the judiciary’s complex role in a country grappling with issues like corruption, human rights abuses, and the balance between law enforcement and individual freedoms.
In her speech, Koome reiterated her commitment to fighting corruption, which she described as having “eaten the fabric of society.” She pointed out that despite the existential threats facing the judiciary such as underfunding and political pressuresthe judiciary remains committed to serving the people of Kenya. “Despite efforts by the people involved to fight back,” she said, “that will not deter the institution from serving the people of Kenya.” Koome’s comments were a clear statement that the judiciary would not be swayed by external pressures and that it would continue to uphold the rule of law, even when faced with significant challenges.
Judicial Activism and the Protection of Human Rights
Koome also used her address to highlight the judiciary’s proactive role in protecting citizens’ rights, especially during moments of social unrest. She cited the recent Gen Z protests as an example of the judiciary’s commitment to balancing law enforcement with the constitutional right to peaceful protest. “By holding law enforcement accountable and upholding citizens’ rights,” she said, “the High Court showcased a judicial system that is not only robust but also conscious of its role as a defender of democracy and fundamental freedoms.” Koome’s comments reflected the judiciary’s active role in ensuring that the rights of citizens are protected, even when there are attempts to suppress dissent.
The Chief Justice also praised the High Court for its proactive application of habeas corpus a legal action that requires a person under arrest to be brought before a judge. This approach has been instrumental in cases involving enforced disappearances and extrajudicial actions, where the judiciary has not hesitated to issue orders compelling law enforcement agencies to produce individuals unlawfully detained. “The High Court’s proactive application of the right to habeas corpus is another commendable example,” she noted, “showing a judiciary that is not only vigilant but also willing to defend the constitutional rights of its citizens.”
A Defiant Stand Against Threats and Underfunding
Koome’s speech was not just a message to her critics but also a rallying cry for the judiciary itself. She made it clear that despite the various existential threats ranging from underfunding to external pressures the judiciary would continue to play its role as the defender of democracy and fundamental freedoms in Kenya. “We in the judiciary occupy a special role of ensuring that we protect our society from these corrupt practices,” she said. “That mandate is sacrosanct, and we will not be deterred.”
In conclusion, Chief Justice Martha Koome’s speech at the Inaugural High Court Human Rights Summit was a powerful testament to her leadership and resilience. By standing firm against calls for her resignation, Koome demonstrated not only her personal strength but also the judiciary’s commitment to upholding justice and protecting the rights of Kenyans, even in the face of severe challenges. As she navigates the complexities of her role, Koome remains unwavering in her mission to serve the people of Kenya and defend the integrity of the judiciary.
