Remind everyone that Constitutional power is constrained, Maraga advises CJ Martha Koome

Chief Justice Martha Koome officially assumed office as the head of Judiciary after receiving instruments of power on Monday.  

In an event held at the Supreme Court grounds in Nairobi, Deputy Chief Justice Philomena Mwilu handed over instruments including the Constitution, the Judiciary flag and the State of the Judiciary Report. 

The event was the first ceremony of assumption of office at the Judiciary.

Some of the dignitaries present included former CJ David Maraga, Attorney-General Kihara Kariuki, Senate Speaker Kenneth Lusaka, Director of Public Prosecutions Noordin Haji, acting vice chairperson of the Judicial Service Commission (JSC) prof Olive Mugenda and Meru Governor Kiraitu Murungi. Others are former deputy CJ Nancy Baraza, Law Society of Kenya (LSK) president Nelson Havi as well as judges and magistrates.

In his address, retired CJ Maraga told his successor to use the support she has from various stakeholders to deliver on her duties. 

Constitutional power

"Madam Chief Justice, please keep reminding all of us that Constitutional power is constrained power so that everybody keeps to his or her lane," he said, adding that she was taking up an 'extremely demanding office'. 

Prof Mugenda urged CJ Koome to explore all avenues to have the delayed appointment of 41 judges finalised. She noted that it is now nearly two years since the JSC made the nominations.

She also observed that the Judiciary is facing a shortage of judges, citing the Court of Appeal which now has 13 judges instead of 30.

"The challenges require unity of purposes. We are committed to ensuring independence of Judiciary. Turn the challenges to moments of truth," said Prof Mugenda. 

Government support

AG Kariuki, while speaking on behalf of the Executive, promised CJ Koome that the government will work with and support her. 

"Let all Kenyans feel your leadership...that they can get justice from courts. That must be your pledge," said the AG. 

In her speech, the CJ said she will work towards driving forward the reforms started ten years ago by retired Chief Justice Willy Mutunga, as well as initiatives by former CJ Maraga on reducing case backlog. 

She committed to ensure that cases are dispensed within three years after filing and to use technology in court systems. 

The CJ also pledged to work with LSK president Nelson Havi, who was opposed to her appointment because of an emergency ruling she handled in 2017 on the eve of the repeat presidential election.