PLO Lumumba has come out to criticise the current state of the judiciary, saying that, as it stands, it is at its weakest.

Speaking on a local radio station on Monday, August 11, 2025, Lumumba said that while there are individual judges who are bold and have delivered commendable rulings, the institution as a whole has become very weak.

He noted that this weakness has led to a situation where people have learnt to ignore the judiciary because they know it cannot effectively enforce its decisions.

“The judiciary as presently constituted is at its weakest. That’s not to say we do not have individual judges; no, they are good. We have seen judges who are bold who have given judgements that are commendable, but institutionally the judiciary has become very weak, and people have learnt to ignore the judiciary because they know it’s weak,” Lumumba stated.

He pointed to instances where the judiciary has ruled that premature electioneering is unconstitutional, yet political activities continue as if no such ruling exists. He also cited cases where senior police officers have ignored summonses, adding that if he were a judge, such individuals would be jailed.

“The Judiciary has made a ruling that premature electioneering is unconstitutional, and yet we are continuing as if nothing is happening. We have seen senior police officers ignore sermons. If I were a judge, that individual would be jailed,” he added.

Conduct of judicial officers

Lumumba lamented that the judiciary has become timid, noting that for the first time, members of the highest court in the country have been seen litigating in their own courts.

He said the institution’s weakness has resulted in its decisions being disregarded, a situation he warned poses a danger to democracy.

“The judiciary is so timid, and it is sad. For the first time, I have seen members of the highest court in Kenya litigating in their own courts. The judiciary have become so weak, and because they have become so weak, their decisions are ignored, and because they have become weak and their decisions ignored, they have become a danger to the democracy,” he added.

He emphasised that while a country can survive with a weak executive or a weak legislature, the collapse of the judiciary leaves the nation in a state where the rule of law is replaced by the law of the jungle, which he believes is beginning to take shape in Kenya.