New Deputy President Kindiki Challenges Judiciary to Balance Public Interest with National Security
In his first public address since being sworn in as Deputy President, Kithure Kindiki directed a nuanced challenge toward the Supreme Court, urging the judiciary to find ways to balance public interest with the greater national good. Speaking on Monday, November 4, at the Supreme Court of Kenya’s twelfth Jurisprudential Conference in Nairobi, Kindiki emphasized that while public interest is crucial, it must not overshadow national welfare.
Referencing Chapter 238 of Kenya’s 2010 Constitution, which outlines the framework for national security, Kindiki suggested that an overemphasis on public interest could potentially compromise the country’s stability.
“Other than the parameters and the principles of the court that help us to understand public interest, are there other higher values and principles crucial to the very existence of Kenya?” Kindiki questioned. He further asserted, “The public can sometimes make choices that inadvertently endanger the state’s existence. This is the ‘dead front of jurisprudence’ I encourage us to explore.”
Acknowledging his background as the former Interior Cabinet Secretary, Kindiki admitted a slight bias in his perspective, yet remained firm in his call for the judiciary to consider ‘higher interests’ when executing its duties. He noted, “My experience in the security sector may influence my views, but it is vital for the courts to weigh national values and not just public sentiment in their decisions.”
Despite his critique, Kindiki commended the judiciary for its effective functioning, citing how the Supreme Court adapted to virtual hearings during the COVID-19 pandemic as a benchmark of efficiency. “Even amid the pandemic, the Supreme Court demonstrated adaptability by swiftly adopting virtual proceedings, setting a strong precedent for the future,” he stated. He added that the main area for improvement lies in enhancing the Supreme Court’s physical infrastructure to facilitate justice delivery. “The only thing needing some progress is physical facilities. The Supreme Court must strive for modern infrastructure to support its mission.”
Kindiki’s remarks follow closely on the heels of his predecessor, Rigathi Gachagua’s, ousting—a move that had been finalized by the High Court after Gachagua’s extensive legal maneuvers to contest his impeachment.
ALSO READ;Ruto Emerges as World’s Highest-Earning Leader Relative to GDP
New Deputy President Kindiki Challenges Judiciary to Balance Public Interest with National Security
