CJ Koome joins meeting of supreme court judges from three nations
Martha Koome, Kenya's Chief Justice and President of the Supreme Court, addresses a function at Sarova Panafric Hotel in Nairobi on July 21, 2021.
What you need to know:
- The meeting comes against the backdrop of a supremacy battle between the Judiciary and the National Assembly in Kenya, as well as reports and questions on the independence of the Judiciary vis-a-vis the oversight role of Parliament.
Chief Justice Martha Koome will Wednesday join a sitting of supreme court judges from Kenya, South Africa, the United Kingdom and India to discuss the independence and integrity of the Judiciary.
The webinar will be hosted by the Justice K T Desai Memorial Committee and the Bombay Bar Association --one of the oldest associations of lawyers in India.
It has been convened by Justice Sujata Manohar, a former judge of the Supreme Court of India.
The meeting comes against the backdrop of a supremacy battle between the Judiciary and the National Assembly in Kenya, as well as reports and questions on the independence of the Judiciary vis-a-vis the oversight role of Parliament.
Chief Justice Koome recently wrote to the speakers of both Houses of Parliament – the National Assembly and Senate -- acknowledging the oversight role of Parliament over public institutions.
She sought a meeting with the two speakers to discuss overlapping and duplicating summonses to senior judiciary officers by different committees of the same House.
“It is our humble view that parliamentary oversight must be performed strictly within the four corners of the law, and, equally importantly, in a manner that permits the various public institutions to perform their ordinary functions,” CJ Koome stressed.
In one instance, the Chief Registrar of the Judiciary was expected to appear before three different committees of the National Assembly and Senate on July 8.
The CJ stated that she was keen to explore constructive engagement with both Houses of Parliament, particularly on the accountability of the Judiciary, “all within the permissible bounds of our respective constitutional mandates”.
“Against this backdrop, I recommend that we hold a joint consultative forum with the leadership of the Houses and the various committees as a matter of priority so that these issues can be resolved at the earliest opportunity,” she said in her letter.
However, National Assembly Speaker Justin Muturi has since stated that MPs have authority to oversee courts and that the parliamentary departmental committees have powers to summon and question anybody.
In tomorrow’s meeting, Ms Koome will be joined by Kenya’s Supreme Court Judge Isaac Lenaola and Justice Mary Arden of the Supreme Court of the United Kingdom.
Others are Justice B N Srikrishna, a former judge of the Supreme Court of India and Justice Albie Sachs a former judge of the Constitutional Court of South Africa.
Also in attendance will be Sharad Rao, Chairman of the Judges & Magistrate Vetting Board in Kenya, Dr Jan van Zyl Smit from the Bingham Centre for the Rule of Law in London and Mr Arvind Datar, senior advocate in India.
