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Uphold trust in Judiciary

What you need to know:

  • LSK is bluntly telling the Judiciary that it has failed the very Kenyans it is expected to deliver justice for.
  • The Judiciary's role is to fairly resolve disputes in a manner that protects and rights and liberties of all.

In a sharp onslaught on the Judiciary, the Law Society of Kenya (LSK) has issued a stinging verdict on its performance. The Judiciary, which is always on the other side in the delivery of justice, is now literally on trial.

The umbrella body of lawyers is not mincing words, bluntly telling the Judiciary that it has failed the very Kenyans it is expected to deliver justice for, while upholding the rule of law. Its constitutionally guaranteed role is to fairly resolve disputes in a manner that protects and rights and liberties of all.

LSK president Faith Odhiambo says there are credible allegations of corruption in the Judiciary, adding that there have been complaints of “unfettered bribery and unethical” conduct. In other words, that justice is actually on sale. This is what is undermining public confidence and trust in the judiciary.

These are not new claims. Lawyers operate daily in the courts and are, therefore, in a better position to tell whether there is corruption in the corridors of justice.

Extrajudicial killings

This could be fuelling the return of the unaccountable State power, extrajudicial killings, corruption and the weaponising of investigative agencies for political machinations. Media freedom is also being undermined and so are civil society organisations.

Interestingly, this comes in the wake of the release of the 2024 State of the Judiciary and Administration of Justice Report, in which Chief Justice Martha Koome highlighted the progress made in the past one year, including a reduction in the backlog of cases.

The LSK is also accusing the Judicial Service Commission, on which it has two representatives, of failing to promote accountability, transparency and independence in the Judiciary. But it has acknowledged the strides in protecting the Bill of Rights and safeguarding devolution. However, the LSK warns that even this is under threat.

The Judiciary should address the issues raised by the LSK and arrest the increasing undermining of public confidence and trust in it.