The Judiciary’s Implosion: Lessons from Kenya’s Past and Present

 Many Kenyans believe that Kenya’s separation of powers no longer exists. According to this view, the Judiciary, Executive, and Legislature have merged into one indistinguishable entity, signaling the "end" of Kenya's democratic structure. This belief has led to widespread skepticism and confusion, as reflected in feedback to my previous video, where I argued that the Judiciary is self-destructing, not because of external pressure, but due to internal failings.

Today, I aim to clarify this argument by analyzing two real-life cases—one from the Judiciary and one from politics—that highlight how implosions often come from within.

Case 1: Justice Said Chitembwe

The case of former Justice Said Chitembwe provides a striking example of internal collapse. This saga began when former Nairobi Governor Mike Sonko sought court protection amid his legal troubles. Sonko later leaked a video that implicated Chitembwe in corruption. Notably, the video avoided discussing Sonko's case but instead highlighted alleged misconduct by Chitembwe.

The ensuing scandal led to Chitembwe's dismissal. This situation exemplifies an implosion—an internal collapse triggered by those within the system. It wasn’t external forces that exposed Chitembwe but rather a web of personal relationships and internal betrayals. Interestingly, Sonko is related to Chitembwe, as he is married to Chitembwe’s sister, making the case even more intricate.

Case 2: The Fall of KANU in 2002

The political downfall of the once-mighty KANU party in 2002 serves as another example of internal implosion. During his succession planning, then-President Daniel arap Moi sidelined key party leaders like Vice President George Saitoti, Kalonzo Musyoka, and others, instead endorsing a relatively inexperienced Uhuru Kenyatta as KANU’s presidential candidate.

This decision alienated senior party members, creating rifts that led to a mass exodus. Raila Odinga, then KANU’s Secretary-General, spearheaded the formation of the Liberal Democratic Party (LDP), which merged with opposition forces to defeat KANU. Moi’s inability to manage internal dissent ultimately led to the party’s collapse.

The Judiciary’s Parallel Implosion

Similarly, Kenya’s Judiciary faces internal threats. Chief Justice Martha Koome’s tenure has been marked by controversial decisions that have raised questions about her effectiveness. Some within the Judiciary, feeling overlooked or undermined, may harbor ambitions for her position, echoing the internal rivalries that plagued KANU.

Controversial lawyer Ahmednasir Abdullahi, often seen as an outsider, is in fact deeply entrenched in the Judiciary, having worked on high-profile cases with its members. His influence underscores how internal dynamics, not external forces, are likely to destabilize the institution.

Conclusion

Kenya’s Judiciary, much like KANU in 2002, risks self-destruction through internal conflicts and poor leadership. History shows that external threats rarely cause an institution's collapse; rather, it is internal dissent and mismanagement that lead to implosion.

I hope this analysis sheds light on my previous assertions. The Judiciary’s challenges are not just about politics or interference but are deeply rooted in its internal dynamics.