Judicial Independence Must Not Become Judicial Overreach- Human Rights Activist Kipkorir Ngetich

 

Outspoken human rights advocate and Eldoret-based community leader Kipkorir Ngetich has issued a powerful public statement urging Kenya’s judiciary to uphold a balance between constitutional independence and institutional cooperation. In a lengthy and impassioned address, Ngetich warned that growing friction between the judiciary and security agencies—particularly the Directorate of Criminal Investigations (DCI)—is endangering the country’s ability to effectively investigate and prosecute serious crimes.

Speaking at a press conference attended by media, civil society groups, and members of the local bar, Ngetich cautioned that while the 2010 Constitution rightly enshrines the independence of the judiciary, that independence should not translate into antagonism or institutional superiority over other arms of government.

“As much as we celebrate the autonomy of the judiciary, it must not be allowed to morph into judicial tyranny or a system that undermines the credibility and morale of our law enforcement agencies,” he said.

“The three arms of government—Executive, Judiciary, and Legislature—were designed to operate independently, yes, but also interdependently, with mutual respect and coordination for the sake of justice and national stability.”

Concern Over Judicial Treatment of Police and Investigators

Ngetich expressed alarm over what he described as a growing tendency by sections of the judiciary and legal fraternity to dismiss or demean evidence presented by DCI officers. According to him, this has created a toxic public perception that all police-generated investigations are inherently false, politically motivated, or fabricated.

“We cannot build a credible justice system by treating the police as suspects and criminals by default,” Ngetich said.

“DCI officers are professionally trained to investigate crime. They operate in difficult environments, often facing danger, resistance, and complex criminal networks. When the judiciary consistently subjects them to ridicule or public humiliation, it not only undermines their efforts—it sends the wrong message to criminals.”

Ngetich also condemned what he called the “unjustified and escalating onslaught” against security personnel, pointing to several recent cases where police officers were subjected to public embarrassment in open court, with little regard for context or facts.

He insisted that abductions, disappearances, and extra-judicial killings, while serious and unacceptable, should not automatically be attributed to the state or its agents without thorough and impartial investigations.

“Let us not build a national culture where security personnel are afraid to carry out their duties for fear of being vilified. Justice demands evidence, not assumptions. We must stop creating a hostile environment for those who risk their lives for national safety.”

Respect for Court Orders Must Be Mutual

While defending law enforcement agencies, Ngetich also called on the Executive and police services to respect and comply with court orders as a matter of principle and constitutional obligation.

“Obedience to court orders is not optional. It is a duty. But just as the state must respect the judiciary, the judiciary must respect the other arms of government. The Constitution does not place one arm above another,” he emphasized.

He warned that the growing perception of rivalry between institutions is eroding public trust in the justice system and emboldening criminal elements who now believe that any charges brought against them can be dismissed as state propaganda or "cooked" police narratives.“We are seeing a worrying trend where suspects begin their defense with PR campaigns, social media outrage, and painting investigators as liars—sometimes even before their cases are heard,” Ngetich noted.

“This is dangerous. It’s not justice—it’s manipulation.”

A Plea to the Judiciary for Balanced Engagement

Ngetich appealed directly to Chief Justice Martha Koome, urging her to ensure that internal checks and balances within the judiciary prevent bias and maintain professional respect for security agencies.

“The Judiciary is the ultimate custodian of justice. But justice cannot be served in an environment of hostility, suspicion, and public drama. We ask the Chief Justice to lead efforts that restore confidence and collaboration between courts and law enforcement,” he said.

He pointed out that the judiciary, just like any other arm of government, relies on professional expertise from outside its ranks—such as doctors in medical cases, or forensic experts in criminal trials.

“No judge declares a medical condition without lab results. Likewise, no judge should automatically disregard police evidence just because it comes from a DCI file. Let every piece of evidence stand or fall on its merit—not on institutional prejudice.”

Public Sensationalism and Political Interference

Ngetich was also critical of a growing culture where political narratives are used to discredit state agencies, especially during politically charged cases. He said the politicization of the justice system is dangerous and amounts to institutional blackmail.

“It is hypocrisy of the highest order to demand police protection by day and vilify the same officers by night. If we want strong institutions, we must defend them even when it's uncomfortable.”

He appealed to the public and the media to refrain from prematurely crucifying officers based on allegations, urging that every accusation must be tested in court using facts—not public outrage or social media theatrics.

The Way Forward: Restore Trust, Build Systems

As part of his broader message, Ngetich called for a national conversation on how to strengthen cooperation between the three arms of government without sacrificing their independence. He proposed structured dialogue forums, institutional peer-review mechanisms, and capacity building for investigative agencies.

“Let’s stop the blame game. Let’s sit down—Executive, Judiciary, Parliament—and chart a way forward where justice is not just delivered, but delivered fairly, fearlessly, and without favour,” he concluded.

Final Message: Unity for Justice

In his parting words, Kipkorir Ngetich reminded Kenyans that justice is not an isolated process performed in silos but a shared national duty that requires every arm of government—and every citizen—to act in good faith.

“Let us protect our country’s institutions. Let us respect our officers. Let us uphold the law—together. We must be careful not to embolden criminals or divide our nation along lines of mistrust. We are one country. One people. And justice belongs to all of us.”