Corruption abetting subversion of justice, CJ Koome says

(From left) Deputy Chief Justice Philomena Mwilu, Chief Justice Martha Koome and Supreme Court Judge Dr Smokin Wanjala arrive for the Annual Judges Colloquium in Mombasa on April 6, 2022.

Photo credit: Wachira Mwangi I Nation Media Group

The Judiciary has partnered with the Ethics and Anti-Corruption Commission to review the institution and seal loopholes enabling corruption among its officers.

Corruption abetting subversion of justice, CJ Koome says

Chief Justice Martha Koome said the Judiciary is keen to improve its image and avoid blanket condemnation for the unscrupulous actions of a few judicial officers.

Several cases have been filed at the Judicial Service Commission (JSC) and the office of the Ombudsperson questioning the integrity of some officers based on their actions in court.

Their decisions, Justice Koome said, were considered inconsistent with the judicial oath of office.

“Whether these accusations are founded or not is neither here nor there. The point is that we must examine our conduct and begin a new journey of restoring public confidence and trust in the Judiciary by embracing what we have coined as judicial hygiene and living by our moral code, the judicial service code of conduct and ethics,” she said.

She spoke in Mombasa on Wednesday after opening the annual judges’ conference.

Justice Koome said she will strive to restore public confidence in the Judiciary by dealing firmly and swiftly but fairly with integrity and corruption issues.

“The universal expectation is that the Judiciary should be composed of men and women who are upright, as a Judiciary can only be as good as judges and judicial officers who man the courts,” she said. 

“There has been generalised criticism of the entire Judiciary and therefore we have been branded as an institution that has failed to live up to the ideals of what is expected of ethical conduct.”

While reminding judges to be accountable for their actions, the CJ said the Judiciary wants to enhance efficiency, effectiveness, transparency and accountability in complaints-handling mechanisms at the JSC and in the office of the ombudsperson.

When President Uhuru Kenyatta declined last year to approve the appointment of six judicial officers recommended by the JSC, he cited integrity issues as the main reason.

But Mr Kenyatta has not disclosed to the public the specific details.

Justice Koome said the Judiciary was working to ensure that the six are appointed.

“We are working to ensure that this situation is reversed. We are also engaging with other stakeholders to resolve all outstanding issues regarding judges whose appointments have stalled,” she said.

The High Court has only 70 judges but requires 200.

On budgetary constraints, the CJ said the Judiciary is working with other arms of the government to bridge financial gaps. The Judiciary operates on a deficit of more than Sh21.9 billion.

“The Judiciary faces acute budgetary and human resource shortfalls,” she said.

The budgetary constraints have also crippled the Judiciary’s efforts to improve its infrastructure.

“During this colloquium, we will have a panel by parliamentarians to engage them on how we can keep the budget of the judiciary optimum to enable us to realize our objectives,” she said

Deputy CJ Philomena Mwilu asked judges and judicial officers to be accountable for their actions.

“Despite frequent threats, you (judges) must be strong and uphold your oath of office. Judges must be accountable for the actions they take. We must judge and ask ourselves if what we are doing is right,” she said.

Justice Mwilu decried the shortage of judges, noting that between 2019 and this year, the Judiciary has lost 65 judicial officers.

She attributed some of these departures to deaths due to Covid-19.

“We are not a big number but to lose 65 people in three years to me is a tragedy,” she said.

Judges from across the country are meeting in Mombasa for a three-day colloquium.