Time to walk the talk on grand judicial vision

The question of judicial reforms continues to dominate public discourse because it is central to good governance and fair administration of justice.

It was a central plank during the clamour for constitutional reforms in the 1990s and early 2000s and indeed, when the new laws came to pass in 2010, the Judiciary was the first to undergo major transformation.

In keeping with this spirit, Chief Justice Martha Koome this week launched her vision for transforming the Judiciary anchored on financial stability and independence of the courts.

Financial stability has emerged as a critical question in judicial operations. For three consecutive years, the Judiciary has suffered deep financial cuts arising from its persistent clashes with the Executive.

The consequences have been grave. Expansion of courts, adoption and upgrade of technology, recruitment of judicial officers and enhancement of other services have grounded and derailed the administration of justice.

Given the trend, it is unlikely that the situation will improve soon. Which is the reason the Judiciary has to pursue other sources of funding, including partnership support.

Constitution

Similarly, independence is pertinent for effective administration of justice. The Constitution gives the Judiciary wide-ranging powers but these are compromised through extraneous influences. In particular, the Executive has shown a consistent penchant for stifling judicial operations.

 For example, President Uhuru Kenyatta has refused to appoint six out of 41 judges who had been approved by the Judicial Service Commission (JSC) contrary to the law. The Legislature has on several occasions threatened judicial officers.

CJ Koome’s grand vision resonates with Kenyans. However, those before her articulated pretty much similar and even loftier ideas.

The only difference she can make is to execute the plans, including clearing case backlogs and expanding access to justice.