Hats off to Koome: Leadership award should be a challenge to do more

The African Female Leader of the Year 2023 Award to Chief Justice Martha Koome on March 15 was definitely a reason for celebration among gender equality enthusiasts, coming as it does for the first woman to occupy the topmost judicial position in Kenya.

Reasons cited for giving Ms Koome the award include her pioneering occupation of the chief justice office, improvement of access to justice, promotion of gender equality within the legal system and putting in place reforms to strengthen the rule of law in Kenya.

That this award is given to inspiring individuals who have “contributed significantly to the continent's advancement…and positively transforming the continent's image on the global stage” invites a look at Ms Koome’s tenure.

Watch: CJ Koome's speech during the unveiling of Mombasa county's first GBV Rescue Centre

Merely being the first woman to occupy a position is not a substantial contribution to Africa’s advancement, unless it is perceived as a demonstration of strides towards dismantling patriarchy by having women pierce through the famed glass ceiling.

More important is to pinpoint substantive things she has done to fulfil the terms of her tenure in general, and make the justice system more gender-responsive, given that the work of women in senior positions is always feminised.

Ms Koome’s tenure shows efforts to streamline court processes, reduce backlogs and delays in dispensation of justice and ensure that justice is accessible to vulnerable groups. This is articulated in the Social Transformation through Access to Justice vision that has been launched by the Judiciary.

Also read: Koome proof women can go to highest level

In a previous interview, Koome highlighted that poverty is a major hindrance to women’s access to justice, noting that this manifests in their poor patronage of digital technology due to inability to afford the required devices, pay for data and access electricity.

In response, her administration has installed digital infrastructure in 50 per cent of High Court stations, resulting in over 700 cases being heard virtually. This removes barriers related to travelling, distances and time, hence expedites justice and makes its dispensation more convenient and affordable for litigants.

She has particularly been passionate about gender-based violence (GBV) cases. In this regard, the Judiciary has put in place digital reporting and evidence preservation systems.

Also read: Well-resourced GBV courts key to expediting cases

She has called this a “survivor-centred” approach, adding that digitisation also ensures witness protection and reduces the traumatisation of survivors by aggressive cross-examination and public attention in open courts.

It is under Ms Koome’s watch that special GBV courts have been established in a few counties with the aim to cover all, to specifically expedite GBV cases so that survivors can come to closure and continue with their lives instead of spending eternity attending court.

Ms Koome has also stated her intention to establish more small claims courts in the context that women are often the ones operating small business and hence would be the primary beneficiaries of such courts.

Also read: Justice Murgor: Courts to expedite SGBV cases

She has also set her eyes on tackling technology-assisted violence and believes that social media platforms must be held to account for misuse that results in such violence.

Being a chief justice puts Ms Koome among an elite group of women in such offices in Africa. This demonstrates both the strides towards gender equality and the journey yet to be covered.

The other women in the chief justice (or equivalent) positions in Africa include Nemat Khair (Sudan), Hildah Chibomba (Zambia), Conceptia Denis Ouinsou (Benin), Manassa Danioko (Mali), Nthomeng Majara (Lesotho), Lúcia da Luz Ribeiro (Mozambique), Maria de Fátima Coronel (Cape Verde) and Aloysie Cyanzayire (Rwanda).

Unfortunately, this sums up to only nine on a continent of 54 countries and on which women command 50 per cent of the total population!   

Justice for the downtrodden

If the short period within which Ms Koome has been in office (since May 21, 2021) has catapulted her to such fame, one cannot ignore her track record as a champion of justice for the downtrodden.

In 2020, she was the runner-up United Nations Kenya Person of the Year for advancing children’s rights. She also boasts long years of membership in Kenya’s premier women’s rights organisation, the Federation of Women Lawyers (which she chaired for two consecutive terms since 1997) and community service to the benefit of children and indigent women. Indeed, Ms Koome’s legal life has been consistently about justice for ordinary people.

Also read: Student gets more than she hoped for from Koome

The soft-spoken Koome accepted the award in typical modesty and grace by not individualising but collectivising it as a result of “collective dedication and resilience of individuals striving for excellence” and dedicating it to the Judiciary.

For this column, this award should not be a terminal recognition but a challenge to Ms Koome to do more in creating a legacy of people-centred and gender-responsive justice. Let it also be an inspiration to our girls that women can ascend and excel in apex positions.

 The writer is a lecturer in gender and development studies at South Eastern Kenya University ([email protected]).