Recent developments in the judicial system have raised questions about the propriety of judges presiding over cases involving their colleagues. This situation challenges the core principles of fairness, impartiality, and accountability that underpin the legal system and led to the creation of the Judicial Service Commission. 

Earlier this year, a petition was filed with the JSC seeking the removal of all seven Supreme Court judges, including Chief Justice Martha Koome. As the debate took on political dimensions, with opposition politicians accusing the government of creating a constitutional crisis, the judges sought judicial protection and successfully obtained an injunction preventing the JSC from requiring their response to allegations or investigating them. 

Last week’s arrest of Thika Magistrate Stella Atambo has intensified this controversy. The High Court halted the Director of Public Prosecutions from prosecuting Atambo, escalating tensions between the Judiciary and anti-corruption agencies.  

After the Ethics and Anti-Corruption Commission seized about Sh2 million believed to be proceeds of corruption from Atambo’s home, the Kenya Magistrates and Judges Association issued a strongly worded statement condemning the anti-corruption watchdog, alleging intimidation of judicial officers. 

Notably, Milimani Anti-Corruption Court Magistrate Charles Ondieki recused himself from hearing the case, stating he would not have issued the search warrant had he known it targeted a judicial officer. This admission suggests preferential treatment for those within the judicial system. 

A concerning pattern has emerged where judges and magistrates implicated in corruption scandals seek protection from the very courts they serve. While seeking legal redress is a constitutional right, this trend raises serious questions about judicial integrity, accountability, and anti-corruption efforts in Kenya. 

Judicial officers facing corruption allegations increasingly file for constitutional protection, claiming violations of their rights by investigative agencies. These legal manoeuvres appear designed to delay investigations and allow jurists to avoid prosecution and sometimes to continue serving while under investigation. 

When judicial officers use the system to obstruct accountability, they undermine the institutions meant to fight corruption and erode public trust in the judicial system. This growing tendency of judges seeking protection from their own courts reveals a systemic problem that threatens the Judiciary’s role as guardians of justice.