Dialogue with other gov’t arms won’t undermine judiciary independence, CJ Koome assures

Chief Justice Martha Koome has assured judges and the country that dialogue between the judiciary and other arms of government will not undermine judicial independence. 

Speaking during a meeting that brought together judges and heads of court, Koome urged judicial officers to disengage from talks that touched on matters before the court.

The three-day meeting which kicked off Monday is expected to provide a platform for the judges to carry out an audit of the activities of the judiciary and identify measures to be put in place to improve performance, enhance accountability and facilitate seamless service delivery.

One of the issues that took centre stage on Monday was the state of the independence of the judiciary, this coming in the wake of sustained criticism of the third arm of government over the meeting the chief justice held with President Ruto at State House Nairobi which raised eyebrows on the details of the deliberations which came in the backdrop of unpopular court directives targeting government initiatives.

During the meeting, the chief justice defended her decision to meet with President Ruto saying the discussion was meant to address challenges impeding the administration of justice and not undermine judicial independence.

While stressing the interdependence of the three arms of government, Koome however warned the judicial officers against being taken down the slippery slope.

“We can engage in constructive conversations that enable the institution to perform its role optimally while ensuring that we do not engage in discussions that dictate how the court cases should be decided. That must always remain a no-go zone,” she said.

Semingly alive to the fact that the judiciary has in the recent past come under public scrutiny over public interest cases it has handled, the chief justice called for a further review and examination of how such cases can be handled.

She narrowed down the challenge to the timelines for hearing and determining the cases particularly touching on government programmes as hearing dates are often set far off from when the cases were lodged.

While questioning whether courts were handling public interest matters in a manner that respected the judges' decisional autonomy, she said: “It is important that we reflect on our rules of procedure, especially the constitution of Kenya (protection of rights and fundamental freedoms) practice and procedure rules, 2013 and the judicial review procedure rules, and whether they facilitate speedy handling of time-sensitive public interest cases.”

Koome stated that it was imperative to review the active case management practices to determine how to expedite the disposal of public interest cases.

The concern stemmed from the fact that the delayed delivery of justice in public interest cases and this case cases touching on government programs often cast a spotlight on the judiciary attracting unbridled attacks.

And though there were a myriad of unsubstantiated claims of corruption in the judiciary, Koome said, the Judicial Service Commission was committed to strengthening investigative and complaints resolution processes urging judicial officers and staff to adhere to integrity even as she implored to judges nip the vice in the bud by reporting suspicions to the mandated institutions.

The meeting also addressed efforts the judiciary was making in enhancing efficiency through leveraging on digitisation. Koome said that 2024 will mark a significant moment for the third arm of government as it prepares for a nationwide rollout of the e-filing initiative.

The judiciary also intends to utilise technology to ensure accurate and prompt transcription of court proceedings and a further introduction of new features to facilitate publication of rulings and judgments and also automated daily court reporting which would address the discrepancies previously experienced in the case tracking system.

Already, plans are underway to establish judiciary desks at Huduma Centers to improve access to judiciary services and also enhance the capacity of judiciary registries.