Judges from across Africa have gathered in Nairobi to assess their judicial practices and discuss reforms aimed at fostering continental transformation.
This event, organized by the African Judges & Jurists Forum, is centered on key issues such as judicial independence, the advancement of legal principles, electoral fairness, and the safeguarding of civic freedoms.
The meeting, which opened with remarks from Kenya’s Chief Justice Martha Koome, featured notable attendees including
Justices Isaac Lenaola, Dr. Smokin Wanjala, William Ouko, and former Chief Justices Dr. Willy Mutunga and David Maraga, alongside Supreme Court judges and distinguished jurists from various African countries.
This three-day conference serves as a vital platform for sharing insights and strategies to enhance the judiciary’s role.
At the launch, a policy paper titled “Upholding Judicial Independence in Kenya: Challenges, Context, and Solutions” was presented, authored by Tomasz Milej and Evans Oganda for the Friedrich Naumann Foundation for Freedom.
The document addresses significant challenges faced by judiciaries across Africa, with Chief Justice Koome highlighting the financial struggles that hinder their effectiveness.
“Why are judiciaries in African countries considered inferior?” Koome asked, pointing to the budget constraints and executive pressures threatening judicial autonomy in nations like Kenya.
Despite these challenges, she expressed hope for an evolving judicial landscape, noting that courts are increasingly asserting themselves to check legislative and executive power.
Koome urged her fellow judges to adopt a proactive approach, interpreting laws with intent and utilizing judicial review to foster accountability and social cohesion.
“It’s time for a paradigm shift.
We should not merely wait for cases to come to us; we must actively engage within our communities as connectors and facilitators,” she asserted.
During a panel discussion regarding the FNF paper, lawyer and publisher Gitobu Imanyara criticized previous decisions by Chief Justices Willy Mutunga and Koome to take their oaths at State House rather than the Supreme Court, arguing this undermines judicial independence.
“We are now facing the consequences of our initial compliance with the executive.
As long as we continue to take oaths at State House, the executive will never accept that their authority is not absolute,” Imanyara stated.