Let’s ensure ‘hygiene’ and integrity in public sector

The State bears the constitutional duty to ensure that everyone within our borders accesses justice. The implication of this is that all branches of government have a shared responsibility to realise Kenyans’ dream of an accessible, cost-effective and efficient justice system.

That requires unhindered collaboration and coordination of all the actors in government while recognising the inherent nature of the independence of state organs. Thus, collaborative institutional engagement is set within the very fabric of the Constitution and our legislative framework. Fears that that is a threat to judicial independence are unfounded.

The constitutional structure for the operations of the Judiciary emphasises the independence of judges and judicial officers in the discharge of their core mandate. In addition, the Judiciary is not be subjected to the control or direction by any person or authority. Thus, no extraneous factor should be brought to bear in judicial decision-making.

The Judiciary has enhanced cooperative and collaborative engagement in its institutional relationship with other arms of government and state agencies to address the Judiciary’s significant budgetary, infrastructural and human resource constraints.

Pursuant to robust cooperative dialogue with the Executive branch, the Judiciary Police Unit has been established, the Judiciary Fund is being operationalised and the Judiciary has been allocated land to build the Kenya Judiciary Academy. I hope that this collaborative approach will continue and will help unlock other areas of inter-institutional tension. 

‘Judicial hygiene’

The values of integrity and accountability are core foundational values of our constitutional system. In addition, the law places a high premium on ethical conduct by judges and judicial officers.

The Judiciary has embarked on mainstreaming the idea of ‘judicial hygiene’ in the conduct of judges, judicial officers and staff with an aim of enhancing public trust and confidence in the judicial system. It will deal firmly and swiftly but also fairly with complaints of misconduct including corruption claims.

Besides enhancing the processing and the resolution of complaints against judges, judicial officers and judicial staff at the Judicial Service Commission and the Office of the Judiciary’s Ombudsperson, we aim to provide adequate staff to these bodies with a goal of a turnaround of at most six months in the investigations and processing of complaints.

Consequent to my invitation, the Ethics and Anti-Corruption Commission is undertaking a systems review of the policies, procedures and practices of the Judiciary with a goal of identifying the avenues and opportunities for unethical and corrupt practices so that we can work towards eliminating them. 

Given that the challenge of stamping out corruption in our public and private sector remains a formidable challenge, I call on all Kenyans to rally together and join hands in our quest to slay this ugly monster that has destroyed our nation.

Ms Koome is the Chief Justice and President of the Supreme Court of Kenya. [email protected]. @CJMarthaKoome