Editor's Review
The Judiciary has defended its handling of cases involving abductions and enforced disappearances.
The Judiciary has defended its handling of cases involving abductions and enforced disappearances.
In a statement on Saturday, November 7, Judiciary Spokesperson Paul Ndemo said its attention had been drawn to an article published by a local newspaper raising concerns about its response to incidents of abductions and alleged impunity by law enforcement agencies.
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The Judiciary acknowledged the media's constitutional responsibility to promote accountability and transparency but cautioned against reporting that misrepresented the roles of different State institutions.
"The Judiciary recognises and respects the constitutional role of the media in promoting transparency, accountability and public discourse. We welcome constructive scrutiny of judicial institutions.
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"However, media freedom carries a corresponding responsibility to report accurately, fairly and with a proper appreciation of the constitutional mandates of different State institutions," the statement read.
Ndemo maintained that the Judiciary was an independent and impartial institution mandated to resolve disputes and determine the rights of parties based on the Constitution, the law and evidence presented before courts.
"It is important to appreciate that the Judiciary is an independent and impartial arbiter of disputes, not an investigative, prosecutorial or law enforcement agency.
"The Judiciary's role is to adjudicate disputes, determine rights and hold persons and institutions accountable in accordance with the Constitution, the law and the evidence presented before it," the statement added.
The Judiciary further condemned abductions and enforced disappearances, stating that courts had consistently exercised their constitutional powers to protect fundamental rights through various judicial remedies, including habeas corpus proceedings.
It also emphasised that court orders issued in such proceedings were legally binding and had to be respected by all individuals and institutions, including security agencies.
"The Judiciary unequivocally condemns abductions, enforced disappearances and other unlawful violations of constitutional rights. Courts have consistently exercised their constitutional mandate to safeguard fundamental rights, including through habeas corpus proceedings and other appropriate judicial remedies.
"Judicial orders ensuing from such proceedings are binding and must be obeyed by all persons and institutions, including State and security agencies. Responsibility for compliance rests with those to whom the orders are directed," the statement further read.
The Judiciary urged media organisations to exercise caution when reporting on cases involving abductions and alleged human rights violations, particularly when assigning responsibility for failures by State institutions.
"We therefore urge the media to exercise diligence in distinguishing between the responsibilities of courts and those of investigative, prosecutorial and enforcement agencies.
"Attributing failures of other institutions to the Judiciary misrepresents our constitutional architecture and risks misleading the public about where accountability properly lies," the statement concluded.
This comes weeks after the Judiciary announced a technical disruption affecting its Cause List Portal, prompting the introduction of alternative arrangements to help advocates and other court users access court sessions.
In a statement on Monday, October 26, the Judiciary said the technical team was working to resolve the issue while alternative measures had been put in place to ensure court users could access information about their scheduled matters and participate in virtual court sessions.
"The Judiciary wishes to inform Advocates and Court Users that, while technical challenges affecting the Causelist Portal are being addressed, alternative arrangements have been put in place to facilitate access to court sessions scheduled for today," the statement read.
The Judiciary advised advocates and other court users to use their E-Filing accounts to access virtual court links and check the matters listed before various courts for the day.
"Court Users are advised to log in to their E-Filing accounts and access the Calendar feature to obtain virtual court links and view their respective matters scheduled before the various courts today," the statement added.
The Judiciary also said judges and judicial officers would, where possible, display the cause lists during virtual court sessions to help advocates and other court users follow the proceedings.
"Hon. Judges and Judicial Officers will, where possible, project the cause lists during virtual court sessions to facilitate access by Advocates and other Court Users.
"The Judiciary appreciates your patience and cooperation as the technical team works to resolve the issue. We regret any inconvenience caused," the statement concluded.
