The Judiciary says State agencies must comply with court orders.
Spokesperson Paul Ndemo says courts protect rights and resolve disputes, while investigators, prosecutors and enforcement agencies carry separate duties.
The Judiciary defends courts against criticism over their handling of abduction cases, saying other State agencies must fulfil their responsibilities. In a November 6 statement, spokesperson Paul Ndemo said courts should not shoulder blame for failures by police, investigators and prosecutors.
He also rejected claims that the Judiciary bore responsibility for failures to enforce court orders. Ndemo stressed that courts determine disputes and protect constitutional rights, rather than investigate offences or enforce the law.
Judiciary defends courts over enforcement role
Ndemo said courts hold individuals and institutions accountable through the law and the evidence before them. However, he stressed that their constitutional mandate differs from the duties of investigative, prosecutorial and enforcement agencies.
The Judiciary also condemned abductions, enforced disappearances and other violations of constitutional rights. It maintained that courts had consistently exercised their constitutional powers to protect Kenyans affected by such abuses.
On compliance, the institution reminded State agencies and other bodies that judicial orders bind those who receive them. Responsibility for carrying out those orders therefore rests with the individuals and institutions to whom courts direct them, the statement said.
Ndemo urges accurate scrutiny of public institutions
Meanwhile, Ndemo urged the media to distinguish between the responsibilities of courts and those of other justice agencies. He warned that blaming judges for failures elsewhere could mislead the public about how constitutional duties operate.
The Judiciary acknowledged the media’s constitutional responsibility to scrutinise public institutions. However, it cautioned against sensational reporting and accusations that could weaken public confidence in the courts.
Ndemo also called for a shared commitment to constitutional governance, justice and confidence in the rule of law. His statement placed those goals at the centre of the relationship between the Judiciary and the media, while defending scrutiny that accurately reflects each institution’s responsibilities.
