Inside: judiciary 2015 in pictures
contents
January - April, 2016
www.judiciary.go.ke
Issue NO. 9
ADIOS 2015, KARIBU 2016
Our
NEW
AGENDA
After a Year
of Record
Gains
Visionary four-year Strategic Plan unveiled PAGes 8,9
Epic Success
Traffic Guidelines
Judges Colloquium
Outreach
We bring you our full score
card for 2015 >> 6,7
NCAJ partners simplify
traffic matters >> 14
Over 120 judges meet for
serious business >> 24
Broad initiatives to reach
out to the public >> 46
contents
contents
stop press!
The Judiciary entered
2016 with a shocker:
This was a surprise amendment to the Judicial
Service Act that gave the President a wide
latitude in the appointment of Chief Justice
and Deputy Chief Justice. The December
2015 amendment introduced by the Justice
and Legal Affairs Committee of the National
Assembly requires the Judicial Service
Commission (JSC) to forward three nominees
for appointment, with respect to each of the
two positions, to the Head of State, effectively
interfering with JSC’s constitutional mandate on
the appointment of the CJ and Deputy CJ. The
amendment provoked strong reaction from the
legal fraternity led by the Law Society of Kenya,
a large section of the political class, including
the Council of Governors. Kenyans from diverse
walks of life also opposed the amendment.
At the time of going to press, the matter had
turned legal, with lawyers going to court to
challenge the amendment.
19
awarded: Mombasa
Courts scoop awards in ASK shows
PUBLIC ENGAGEMENT: Mombasa Resident Judge, Justice Matthew Emukule, receives a trophy from President Uhuru Kenyatta after
the Judiciary won the Best Large Government Stand award at the Mombasa ASK Show. Looking on is Mombasa Governor Ali Hassan
Joho (2nd L) and Industrialisation and Enterprise Development Cabinet Secretary, Mr Adan Mohamed (L).
PG.. 12
on other pages
contents
iled
New Strategic Plas,ntheUJundive
ciary
8
PG.. 30
PG.. 38-39
IN THE NEXT four year
urts, furnish
will construct more co
mobile ones.
others and establish
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t to
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11 SEVEN-member co
diciary’s lost land
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ounties
JSC Outreach to C
urts in four major
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16 Commissioners vis
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22 TWENTY one kadh
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GOT A STORY? Do you have a story or picture for this magazine from your unit or court station?
Email:[email protected]
January - April 2016
Inside the Judiciary
3
happy
editorial
people
team
contents
from
the editor
ADIOS 2015 AND KARIBU, 2016! It’s quite easy to
miss the pulse of history when we live it. In our case, that is
possibly the reality — what with the fast and dynamic pace of
events that characterise our life as a Judiciary in motion.
As we turn our attention to the personal and corporate goals
of 2016, the worth and significance of our institutional work
in the 12 months of 2015 will inevitably fade out of sight and
memory. That explains why DPAC has dedicated this bumper
edition of Inside the Judiciary to the events that shaped our
august institution and its affiliates in the year that was.
editor’s picks
itutional
it and Inst
of the Judiciary Case Aud
The Unveiling ceremony
urt.
Supreme Co
Capacity Report at the
The gains made on the judicial and administrative fronts in
service delivery to Kenyans have, particularly, taken centre
stage in our review of the year.
Resident Magistrate Monica Munyendo (3rd R) and Assistant Registrar, Subordinate Courts, Barbara Ojoo (3rd L), join members of the Kilgoris
SDA choir during the Judiciary Open Day at Kilgoris Law Courts.
editorial team
Editor
Dr Naim Bilal
News Editor
Catherine Wambui
Writers
Shikhutuli Namusyule
Farery Nalimae
Jerusha Gichohi
Lilian Mueni
Special Correspondent
Nicholas Simani
Photography
Zakheem Rajan
Farery Nalimae
PUBLISHER
Chief Registrar of the Judiciary
CONTACTS
Correspondence to be addressed to:
Chief Registrar of the Judiciary
P.O. Box 30041 - 00100, Nairobi
Tel +254-20-2221221
[email protected]
Website: www.judiciary.go.ke
Join us on our Facebook page
The Judiciary - Laying the foundation for transformation
Join us on Twitter
@judiciary2014
Send your complaints to Ombudsperson: [email protected]
Physical address
Supreme Court Building,
City Hall Way, Nairobi, Kenya
In short, 2015 was a great year for us. Pages 4-5 of this
magazine give you an inspiring glimpse into the highs and
highs of the year that, in the wider sphere, was a big one for
Kenya at large.
We take you back to the launch of our new Strategic Plan
that will guide our performance until 2018. We give you
a brief but definitive picture of the achievements realised
by various courts, administrative units, affiliates and partner
institutions.
While credit goes to ourselves for the role played by each
and every member of the Judiciary family, from Nairobi to
the smallest court station in the country, we cannot lose sight
of the guidance and motivation we drew from our leadership.
In this edition, we share in the joy of personal high moments
experienced by some of our colleagues. Similarly, we have
not forgotten our colleagues who went to be with the Lord
during the year.
ers compete
TALENT DISPLAY: Bik
rts Day at the
Spo
ry
icia
Jud
the
ing
dur
e.
itut
Inst
g
inin
Tra
ry
Judicia
Be blessed
PLEASE NOTE
Content from this publication may be reproduced, stored in retrieval
systems or transmitted in any form by any means, subject to requisite acknowledgment of the Judiciary. Views expressed in this magazine do not
necessarily represent the position of Management.
Dr Naim Bilal,
Director, Public Affairs &
Communication
[email protected]
[email protected]
+254 722 259 544
Produced by the Directorate of Public Affairs and Communication
Inside the Judiciary
Supreme
JSC Commissioner and
Wanjala
n
oki
Sm
Dr
ge
Court Jud
Judiciary
during the launch of the
Strategic Plan.
May we all pray for a peaceful and highly prosperous year
for ourselves as individuals, the Judiciary and Kenya as a
whole.
Supported by undp
4
Getting
Ready:
Hon Njeri
Thuku of
JTI takes
a lawyer
through a
rehearsal
before
admission.
January - April 2016
January - April 2016
Over 120 judges gather
ual colloquium
in Mombasa for the ann
Inside the Judiciary
5
main story
contents
main
story
AT A GLANCE
New four-year Strategic Plan is launched
Over 100 construction projects in progress
Fundamental policy manuals developed, adopted
Supreme Court brings closure to key matters
Bold initiatives by Court of Appeal
High Court stations doubled to 34
14 new Judges join the Judiciary
Justice @ Last clears over 50,000 cases
21 new Kadhis recruited
Mobile courts rise to 51 from 19
13 courts delinked from District Treasuries
JSC restores prudent management of public funds
2015: A Year of
S
E
D
I
R
T
S
T
A
GRE
Errant judicial officers and staff sanctioned
A section
of the team
driving
change
under the CJ
and CRJ
Major County outreach by JSC and management
Performance Measurement implemented
Data culture institutionalised
800 advocates admitted to the Bar
ruit
Some of the 21 newly rec
toric gains
Judiciary records his
Court officials
e Court.
Office at the Suprem
ed Kadhis take Oath of
CJ takes bold steps to fast-track graft cases
Framework for quick refund of cash bail concluded
during the
Justice@
Last Initiative
at Milimani
Law Courts in
Nairobi.
The Business
Court Users
Committee
(BCUC) is
launched in
Nairobi.
Team set up to trace and recover our lost assets
OJO makes Judiciary a responsive institution
Robust relations with Parliament and Executive
Business Court Users Committee set up
New directorates established
NCAJ scores big on traffic matters
s the ribbon to
Justice Philip Waki, cut
Court of Appeal Judge
kos County.
cha
Ma
in
urt
Co
bile
open the Wamunyu Mo
An artistic
impression of
our modern
courts.
Nine out
of the 13
vehicles
provided by
JPIP to the
Judiciary.
First NCAJ – Governors conference held
New lawyers
are admitted
to the Bar
at Supreme
Court,
Nairobi.
JTI conducts over 65 trainings
Big step to bring Tribunals under Judiciary
Kenya Law takes law reporting to new levels
DPAC bags coveted PR industry award
COURTS AND ADMINISTRATIVE UNITS REPORT LANDMARK PERFORMANCE
6
Inside the Judiciary
January - April 2016
January - April 2016
Inside the Judiciary
7
blueprint
The 13 Cascaded
Key Result Areas
Improved access to and delivery of
justice;
Growth of jurisprudence;
Mainstreamed leadership and culture
change;
blueprint
contents
Visionary Four
Year Strategic Plan Out
New document takes over
from JTF which guided
transformation from 2012
Improved human capital management;
Enhanced public image;
Modernised registry operations;
Improved records management;
Efficient utilisation of resources;
Lined up in the Plan, is the construction of
25 High Court, three Court of Appeal
stations and 30 Magistrates Courts,
countrywide. The Judiciary will also
refurbish 100 courts and renovate others to
factor in ramps, rest rooms, waiting areas,
customer care centres, gate houses, robing
rooms, lifts, signage, cells, mediation rooms,
and establish additional sub-registries and
mobile courts in far-flung regions. Over 100
court infrastructure projects are already in
progress in all counties.
Mainstreamed information,
communication and technology;
Improved physical infrastructure and
work environment;
Transparency, accountability and
integrity;
Entrenched performance management,
and;
Enhanced stakeholder engagement.
T
he year 2015 saw another landmark
thrust
in
the
Judiciary’s
transformation programme with the
launch of our new Strategic Plan.
President Court of Appeal Judge Paul KiharaKariuki (L) and CJ Willy Mutunga during the
unveiling of the Judiciary Strategic Plan 20142018, other Policy documents and the State of
Judiciary Report 2013/2014.
The 2014–18 Strategic Plan takes the baton
from the Judiciary Transformation
Framework (JTF) launched in 2012 and
which established a strong foundation for
a modern and independent Judiciary
geared towards world-class service
delivery.
strategic issues.
In the four years of the Plan, the Judiciary
will construct more courts, furnish others
and establish mobile ones. It will
strengthen the ICT infrastructure, simplify
court procedures, boost the Judiciary
Training Institute’s institutional capacity
and establish optimal staffing levels.
JSC Commissioner and High
Court Judge Aggrey Muchelule
speaks at the launch of the
Strategic Plan.
8
Inside the Judiciary
In addition, it will establish specialised
courts, such as Small Claims Courts and
the International Organised Crimes
Division of the High Court. Further, the
Judiciary will review court procedures to
identify bottlenecks to accessibility as well
as to review court fees among other
The Strategic Plan builds upon the
foundation of the JTF (2012–2016) and
provides a comprehensive road map for
implementing, sustaining and furthering
the transformation agenda set out in the
JTF. It also responds to emerging trends by
positioning the Judiciary as an integral
player in overall national development.
The blueprint, whose theme is Building on
the
foundations
of
Judiciary
Transformation, is anchored on six
thematic areas. It provides the Judiciary
with a strategy towards delivery of justice
to all while focusing on organisational
structure, physical and ICT infrastructure as
well as resource mobilisation and
management.
It focuses on the enabling strategies aimed
at expanding access to justice, enhancing
organisational efficiency, safeguarding
January - April 2016
The launch of the Strategic Plan was
presided over by Chief Justice Dr Willy
Mutunga at the Supreme Court, Nairobi,
and attended by leaders, stakeholders,
partners, judges and top Government
officials.
“The Strategic Plan
reflects the great
ess
management proc
own
and experience kn
ning by
worldwide as ‘lear
J
doing,” CR
judicial independence
and strengthening relationships with
stakeholders. It seeks to reduce obstacles
that impede public access to information,
proximity to courts and ability to
understand court procedures.
January - April 2016
The blueprint was launched alongside the
State of the Judiciary and Administration of
Justice Report 2013/14 (SoJAR) and other
policy documents and manuals aimed at
promoting
accountability
and
professionalism in service delivery. They
included: the Judicial Service Commission
Charter, the Finance Policy and Procedures
Manual, Transfer Policy for Magistrates and
High Court Judges, Transfer Policy for
Court of Appeal and the Human Resource
Policies and Procedures Manual.
Dr Mutunga noted that the documents
were a constitutive part of the JTF, and that
they will significantly improve on the
governance processes in the Judiciary.
“As our theme suggests, we are building on
Six Thematic
Anchors of SP
v Access to justice;
v Progressive jurisprudence;
v Organisational development;
v Operational efficiency;
v Facilities development and
management, and;
v Governance
the early successes and lessons of Judiciary
transformation. We are still in the business
of justice,” Dr Mutunga said.
The Chief Registrar of the Judiciary, Ms
Anne Amadi, said the Plan reflects actual
early experiences since the Judiciary’s own
transformation effort was launched in 2012.
“The Strategic Plan reflects the great
management process and experience
known worldwide as ‘learning by doing’,”
Ms Amadi said.
Other speakers at the launch included
Deputy Chief Justice Kalpana Rawal,
Senator Amos Wako, Nairobi Governor Dr
Evans Kidero, Public Accounts Committee
chairman, Hon (Eng) Nicholas Gumbo,
Senior Counsel Pheroze Nowrojee,
President of the Court of Appeal Hon
Justice Paul Kihara Kariuki, High Court
Judge Hon Justice Fred Ochieng and
Registrars.
Inside the Judiciary
9
judges forum
contents
“mali yetu”
Team to Trace,
Recover Judiciary 1
Assets is Picked 2
Terms of Reference
s
s
u
c
s
i
D
s
e
g
d
u
J
100 EAC
service delivery
Judges from Kenya, Rwanda,
Uganda, Burundi and Tanzania
during a meeting on performance
measurement and judicial
accountability in the East African
region.
High Court chiefs of Rwanda, Uganda, Burundi and Tanzania attend forum
M
ore than 100 judges recently met in
Nairobi to discuss performance
measurement
and
judicial
accountability in the East African region
framework, he said, was a welcome administrative and managerial device that helps the
Judiciary advance the constitutional cause
and course of accountability.
Chief Justice Dr Willy Mutunga gave the keynote address at the forum themed Envisioning and Implementing Performance Evaluation at the High Court. The participating
judges were drawn from Kenya, Rwanda,
Uganda, Burundi and Tanzania.
“Only by evaluating our performance are we
able to know what and who is working, and
even the why and how,” said the CJ. “Only
then are we able to recognise and reward excellence; identify and sanction free-riders;
and improve on our service delivery standards to the public.”
Dr Mutunga said performance evaluation
and the institutionalisation of a data culture,
was one of the major foundations of a transformed Judiciary.
Performance evaluation and contracting
He added: “We cannot proclaim how progressive and modern our Constitution is, but
remain hostile to modern tools of management science, and continue clinging to
norms, mannerisms and symbolisms of an
era gone by. The Constitution leaves us with
no option but to be accountable, both as
judges and as an institution.”
Rwanda’s High Court Principal Judge Charles Kaliwabo shared the Rwandan experience of implementing performance management in his country’s judicial system.
Other speakers included Kenya’s High Court
Principal Judge Richard Mwongo, appellate
Judges Daniel Musinga and Agnes Murgor,
and facilitators from the Judiciary’s ICT and
Performance Management Directorates.
The retreat was organised by the Judiciary
Training Institute (JTI).
New Tool to Track Daily Performance of Courts
THE JUDICIARY has developed
an instrument to monitor daily
the administration of justice by
courts.
The Daily Court Returns
Template (DCRT) tracks the
performance of both courts and
individuals and captures trends
in the administration of justice.
The data collection tool enables
judges, magistrates, kadhis,
10
registrars and judicial staff to fill
in and submit returns on a daily
basis.
The template whose use started
on October 1, 2015, captures the
court station, case number,
status and type, reasons why
the case is active, its life cycle
and the judicial officer handling
it. The tool enables the
institution to establish the daily
Inside the Judiciary
workload of individual officers
as well as of the station.
The instrument was first
disseminated and pre-tested by
the Judiciary’s Performance
Management Directorate (PMD)
before being rolled out to all
court stations.
Chief Justice Dr Willy Mutunga
said that the development of
the template was informed by
the need to build a good
organisational culture, where
performance and output is
continuously and scientifically
measured.
Committee set to prepare
register of court property,
propose restoration plan of
lost land and buildings
A
committee to trace and recover the
Judiciary’s land and other assets lost
through illegal and irregular acquisition
over the years has been named.
Appellate Judge John Mwera will chair the
seven-member Judiciary Committee of Inquiry
on the Status and Recovery of Judiciary Land
and Assets in Kenya, established in July 2015.
The members are Lady Justice Lydia Achode,
Mr Justice Nzioki wa Makau and Lady Justice
Olga Sewe. Others are the Chief of Staff in the
Office of the Chief Justice, Mr Duncan Okello,
Supreme Court Registrar Esther Nyaiyaki and
Ms Caroline Kabucho of the subordinate courts.
The committee is to inquire into the legal status
of the Judiciary’s assets, including land,
buildings, and other property. It is also
mandated to look into the unlawful
allocation of the Judiciary assets,
establishing the beneficiaries and
identifying those responsible for the
illegal allocations.
Court of Appeal
Judge John Mwera.
Dr Mutunga said such plunder undermined the
Judiciary’s mandate to Kenyans, under Article 6
(3) of the Constitution on devolution and access
to court services throughout the country.
The Article states: “A national State organ shall
ensure reasonable access to its services in all
parts of the Republic, so far as it is appropriate
to do so having regard to the nature of the
service”.
The committee will also examine cases where
the Judiciary has property interests
countrywide and pursue their registration.
“This will ensure that all Judiciary property
which was irregularly acquired is recovered or
repossessed and put into proper and lawful
use by the Judiciary,” the CJ stated.
The committee has eight months to
complete its work and was expected
to submit a mid-term report on its
progress and preliminary findings to
the CJ within four months.
3
4
5
6
7
8
9
10
He said this was in line with a
constitutional and statutory
imperative to account for
resources allocated to the
Judiciary.
January - April 2016
Announcing the formation of the committee,
Chief Justice Dr Willy Mutunga said the full
realisation of the Judiciary Transformation
Framework (JTF), the institution’s five-year
strategy blueprint, was constrained by the loss
of critical land and buildings to individuals.
) Identify and study all the conveyance
documents relating to ownership of all
Judiciary assets in terms of land, court
buildings and residential property.
) Engage with all the relevant public
bodies with a view to seeking information, documentation and records
which may assist the Committee in its
work.
) Inquire into the unlawful allocation
of Judiciary assets, ascertaining the
beneficiaries and identify any persons
involved in such illegal allocations.
) Review the reports of the various
Commissions formed by the successive governments to ascertain and identify from the reports any Judiciary land
which was irregularly acquired.
) Engage and seek information from
judicial officers, Judiciary heads of
stations, and staff and study any case files
or judicial decisions in respect of land
matters where Judiciary is an interested
party.
) Prepare a detailed report on the
legal status of all the land occupied by
the Judiciary and its surrounding and
determine which land, court buildings and
residential property have titles.
) Identify the land to be used for the
construction of court buildings, residential houses and other amenities.
) Develop an Asset Register of all
Judiciary real property assets i.e. land,
court houses and residential property
owned and / or occupied by the Judiciary.
) Assist the Chief Registrar of the
Judiciary in the recovery processes,
conveyance and registration of the Judiciary land and assets.
) Recommend to the Chief Justice
appropriate actions and measures
for the restoration of illegally allocated
lands to their proper purpose, for prevention of future illegal allocations and acquisition of Judiciary property.
) Recommend to the Chief Justice
appropriate remedial measures or
sanctions for those found culpable.
11
January - April 2016
Inside the Judiciary
11
news
contents
News
Mobile Courts Rise to 51
Wamunyu in Machakos
becomes the latest station
T
Deputy Chief Justice Roots
for Access to Information
he Judiciary has launched its 51st
mobile court at Wamunyu market,
Machakos County, whose first sitting
was on December 16, 2015. It is expected to
continue making weekly visits.
The Wamunyu Mobile Court, launched at the
chief’s centre by appellate Judge Philip Waki,
is expected to serve about 200,000 residents
who reside in the 12 administrative locations
in the area.
“Indeed Wamunyu is among the 33 newly
introduced mobile courts in this financial
year,” said Mr Justice Waki. “Previously, the
Judiciary was running only 19 mobile courts.”
Mr Justice Waki said the Judiciary had started
building the infrastructure for the Alternative
Justice System (AJS) to supplement the
formal justice system.
Machakos Resident Judge, Lady Justice
Pauline Nyamweya, said the mobile court
would also impact on the time taken to hear
Court of Appeal Judge Justice Philip Waki, cuts the ribbon to open the Wamunyu Mobile
Court in Machakos County.
cases in the county.
County officials and leaders, led by area MP
Eng Vincent Musau, pledged to support the
Judiciary to ensure the court was successful.
“The initiative has made justice readily
available and residents will no longer go far
away to Machakos to seek to resolve their
Impromptu Inspection Visits
The Chief Justice in impromptu visits at Kibera, Milimani, Thika and Kiambu
Law Courts has unearthed “parallel” traffic courts operated brokers. Dr
Willy Mutunga told all heads of stations that it was their responsibility to
dismantle the cartels and to involve the police and the DPP to initiate
prosecution. His tour was to assess the implementation of new traffic
regulations. He said the Judiciary has transferred most of the staff who had
served in the same station for a long time to break corruption cartels in
courts. nHe urged the justice sector agencies, including the Police and the
DPP to follow suit and transfer staff who have overstayed in specific
stations.
The CJ and
Magistrate
Courts
Registrar Peter
Mulwa during
an impromptu
inspection.
12
Inside the Judiciary
disputes,” said Mr George Luka Kioko, the
County’s Transport, Roads, Public Works and
Housing minister.
Judicial Service Commissioners, led by Mr
Justice Mohammed Warsame, said the JSC
would soon recruit more judges to serve in
the Environment and Lands Court.
Kenya Offers Nigeria Tips
on Judicial Reforms
Deputy Chief Justice Kalpana Rawal and a human rights team led by the Special Rapporteur on Freedom of Expression and Access to
Information at the African Commission on Human and Peoples’ Rights, Commissioner Pansy Tlakula.
Rawal holds talks with Special
Rapporteur on human rights
Ms Tlakula said Kenya still had laws that infringed on the freedoms of
the people. She urged the Judiciary to push for the repeal of laws that
hinder access to information.
T
he Judiciary is committed to advancing the law by delivering
judgments that provide guidelines on access to information in
the country, Deputy Chief Justice Kalpana Rawal has said.
Lady Justice Rawal who was in talks with the Special Rapporteur from
the African Commission on Human and People’s Rights,
Commissioner Pansy Tlakula, said the Judiciary cannot dictate to the
Legislature and the Executive but speaks only
through court decisions.
CJ Willy Mutunga with top leadership of Nigeria who turned up
to listen to his keynote address on Judiciary Transformation in
Kenya at the 55th Nigeria Bar Association, Abuja, Nigeria.
THOUSANDS OF LAWYERS and justice sector actors gathered in
Abuja, Nigeria, where Chief Justice Dr Willy Mutunga spoke on
transformation of the Kenyan Judiciary that has gained
widespread attraction internationally. The Federal Republic of
Nigeria President Muhammadu Buhari and Vice President Prof
Yemi Osinbajo were present during the address that was
broadcast live on DSTV, Nigerian Television Authority (NTA),
African Independent Television (AIT), Channel TV and the social
media networks.
January - April 2016
The talks focused on the need for an Access to
Information Law in Kenya and the important role
the Judiciary plays in the process of its adoption
and implementation.
The DCJ and Ms Tlakula observed that court
decisions on freedom of expression and access
to information were important and contributed
in advancing the law.
TIT
BIT
The Commissioner is a Special Rapporteur on Freedom of Expression
and Access to Information at the African Commission on Human and
Peoples’ Rights. She was invited to the country by the Kenya National
Commission on Human Rights (KNCHR) to support efforts towards
enactment of access to information legislation.
The KNCHR, jointly with various stakeholders, has been spearheading
efforts for the enactment of access to information
legislation as provided for under Article 35 of the
with
The KNCHR, jointly
Constitution.
rs,
various stakeholde
ding
has been spearhea
actment
efforts for the en
ation
of access to inform
legislation.
The Judiciary’s positive steps in articulating the
right of access to information, especially its
recognition of the centrality of the rights of
access to information in the exercise of other
rights in various decisions, has been hailed by
Article 19, Eastern Africa.
“Government leaders and agencies must not treat with mercy merchants of corruption
simply because they subsidize lifestyles or finance elections.” CJ Mutunga at launch of
Pocket-size guidelines.
January - April 2016
Inside the Judiciary
13
ncaj news
contents
news
Police, Courts Change Gear
on Traffic Regulations
Drive to deal with hitches in
adjudication of road-use
cases and curb corruption
A
leaflet that outlines new guidelines
on handling of traffic matters by the
police and the courts has been
unveiled.
The Isiolo
Council of Elders
shortly after the
launch of Isiolo
Law Courts
Court-Annexed
Alternative
Justice System
Pilot by the CJ.
The initiative aims to raise awareness
among Kenyans on their rights and
obligations when confronted with traffic
offences.
The new directions aim to fast-track traffic
matters, decongest court cells, deal with
the bottlenecks in the processing and
adjudication of traffic cases and in the long
run curb corruption.
The launch at the Makadara Law Courts,
Nairobi, was presided over by Chief Justice
Dr Willy Mutunga and the InspectorGeneral of Police, Mr Joseph Boinnet.
Dr Mutunga said the fight against
corruption on Kenyan roads could not be
won without support from Kenyans and
agencies that deal with prosecution,
investigation and adjudication of traffic
cases.
Motorists are issued with the new pocket size traffic rules booklet outside Makadara Law Courts.
“Good laws are not a guarantee that the
objectives will be achieved,” said Dr
Mutunga. “Kenyans must resolve to be part
of the solution by obeying the laws and
rejecting bribery.”
He said the move would no doubt
negatively impact on some vested interests
in the police, courts, prosecution and some
sections of the public.
t
“Good laws are no
e
th
at
th
e
a guarante
be
ill
w
objectives
achieved.”
Stakeholders Forge United Front in Graft War on Highways
A consultative meeting of NCAJ partners to review progress made in reducing corruption in
courts and on the roads.
14
Inside the Judiciary
STAKEHOLDERS in the traffic sector met
ahead of the launch of new traffic
guidelines to review the progress made
in reducing corruption in courts and on
the roads. Present at the meeting were
Chief Justice Dr Willy Mutunga, the
Inspector General of Police, Mr Joseph
Boinnet, National Police Service
Commission (NPSC)chairman Johnston
Kavuludi, Director General of National
Transport and Safety Authority (NTSA)
Francis Meja and the Secretary/CEO of
the Ethics and Anti-Corruption
Commission (EACC), Mr Halakhe Waqo.
January - April 2016
elders are key in
alternative justice
Electronic Cash Bail
T
Refund Rolled Out
he Judiciary is on the path to
integrate
the
indigenous
alternative dispute resolution
system in the formal justice system to
expedite delivery of justice.
Chief Justice Dr Willy Mutunga has
been spearheading conversations with
different councils of elders in the
country in a bid to promote and
interface traditional justice system with
the formal judicial system.
The move is in line with Article 159 (2)
of the Constitution that mandates the
Judiciary to promote traditional
dispute resolution mechanisms.
The Judiciary identified several pilots,
which it is already experimenting with
the Court-Annexed Alternative Justice
Systems. Further, a technical team is
studying, monitoring and evaluating
their operations.
One of the seven pilots for study is the
Isiolo Law Courts’ Council of Elders,
whose members have been trained by
the Judiciary Training Institute.
January - April 2016
The Task Force on Alternative Justice
System in the Judiciary comprises Mr
Justice (Prof) Joel Ngugi who is the
chairman, Justice Joseph Sergon, Hon.
Florence Macharia, Hon. Peter Mulwa
Hon. Clara Otieno, Hon. Joan Irura, Mr
Lenson Njogu (LRF) and Dr Steve
Ouma of Pamoja Trust
Others are Mr Katto Wambua (ODDP),
Sheikh Ahmed Set of the National
Council of Elders, Director Community
Policing James Aggrey Adoli, Dr. Masha
Baraza (ODCJ), Commissioner Jedidah
Waruhiu (KNHCR), Mr Morris Kimuli
(LSK), Ms Christine Ochieng’ (FIDA),
Anita Nyanjong (ICJ) and Linnet Njeri
of Strathmore University’s Law School.
tified
The Judiciary iden
it is
ch
hi
w
,
several pilots
g
tin
en
already experim
ed
ex
nn
with the Court-A
stice
Ju
ive
at
Altern
s.
em
Syst
THE JUDICIARY has rolled out bold measures
to reduce the lengthy and frustrating process
of cash bail refunds to a maximum of a week.
The strategy involves use of an electronic
system to reduce the cycle of bail refund,
which previously took more than two months.
The plan also entails the gradual delinking of
court operations from the District Treasuries
in the handling of bail money.
The Judiciary Bail Refund Framework
promotes the introduction and rollout of three
bank-rooted electronic platforms to eliminate
delays in the refund of bail. The banks involved
in the exercise are KCB, NBK and Co-operative
Bank.
The new bail refund system has already been
implemented in all court stations in Nairobi
and is being systematically spread out to
other stations countrywide. It eliminates
delays and ensures clear and uniform
guidelines applicable in all court stations.
Inside the Judiciary
15
jsc news
contents
jsc
news
Emily Ominde
Re-elected to JSC
s
e
i
t
n
u
o
C
s
t
i
s
i
V
JSC
y
r
t
n
u
o
C
e
h
t
s
s
Acro
Commissioners meet staff
and the public
CHIEF MAGISTRATE Emily Ominde bounced back as
the representative of Magistrates at the Judicial Service
Commission for a second term running. Together with
High Court judge Aggrey Muchelule, they will represent
the more than 600 magistrates and judges.
he Judicial Service Commissioners
completed the second phase of court
visits with a promise to address all staff
matters. They toured court stations in the
upper Eastern, Coast, Western and Nyanza
regions.
Ms Ominde won the elections against Hellen Onkwani,
Doreen Mulekyo, Julie Oseko and Teresia Matheka
during the Kenya Magistrates and Judges Association
(KJMA) annual general meeting held in December,
2015.
T
The visits aimed at establishing and reviewing
the progress of infrastructure and ICT development, case management systems, outputs
in court stations and staffing needs.
The commissioners also use the visits to foster
collaboration with county governments and
meet the Court Users Committee’s. The commissioners told staff at different court stations
that the visits enabled them to understand issues affecting staff and would address them.
The issues include confirmation into employment,
inadequate staff numbers, designation of stations as hardship areas,
transfers, lack of job descriptions, unclear role of
the Regional Human Re-
Judicial staff and stakeholders during a meeting with visiting commissioners at
Mariakani, Kilifi County.
inde, at
chu and Hon Emily Om
mmissioners Winnie Gu
JSC Co
Justice Antony Mrima and
Migori Law Courts.
source Directors, uncoordinated trainings,
re-designation/promotion of staff upon attaining higher qualification, medical scheme
and categorisation of staff in grades.
The commissioners informed staff that 365 of
them were promoted out of
the 465 interviewed. Cases
ould
of resident magistrates
Staff promotion w
eir
th
on
up
due for promotion
ed
er
id
be cons
n
io
would be addressed in
at
ic
pl
ap
ul
successf
March 2016.
r the JSC
wheneve
s.
declared vacancie
On hiring new staff to
address understaffing
in the Judiciary, the commissioners said the
more than 50,000 applications received were
being processed.
The commissioners confirmed that next round
of salary negotiations would be in June 2016.
Commission in Plea for More Land for Courts and Staff
THE JUDICIAL SERVICE COMMISSION wants
County Governments to allocate more land
to the Judiciary for construction of court
buildings and staff quarters.
JSC Commissioners who visited the
Governors of Kisumu, Kisii, Nyamira, Embu
and Meru Counties said constructing more
courts would take justice closer to the people.
They said that in some areas, Judiciary
officers handling sensitive court matters
have been exposed to criminals.
16
Inside the Judiciary
The commissioners and the governors
discussed how they could collaborate in the
administration of justice.
The JSC informed governors that county
governments were valued stakeholders in
the administration of justice.
The county governments pledged to allocate
land to the Judiciary and ensure that title
documents were processed quickly.
Governors underscored the need to share
revenue from the county courts. The old
At the polls, judges and magistrates elected Justice
Hedwig Ong’undi as KMJA President, Hon. Benson Ireri
vice president, Hon. Abdilatif Silau vice secretarygeneral, Hon. Derrick Kuto treasurer and Hon. Sinkiyian
Tobiko KMJA vice treasurer. Hon. Bryan Khaemba,
remains the KMJA secretary-general.
They said staff promotion would be considered upon their successful application whenever the JSC declared vacancies. Staff transfers, they said, would be dealt with administratively by the Chief Registrar of the Judiciary.
In April, the Commission visited lower Eastern
and South Rift regions.
during
ff of Bondo Law Courts
Commissioners meet sta
tion’s
sta
the
ess
ass
,
astructure
their tour to inspect infr
system.
ent
em
nag
ma
e
cas
needs and the
From DPAC
Look out
for two
brand new
documentaries
on the
Judiciary and
infrastructure
development.
Constitution allowed civic authorities to
enforce by-laws through municipal courts.
The Judiciary provided personnel to manage
the courts and the authorities offered the
infrastructure to support the personnel.
Revenue from these courts, namely fines and
court fees, was shared between the Judiciary
and the civic authorities. The current
dispensation has provided for County Courts
but not addressed revenue-sharing. The law
requires all revenue be remitted to the
Consolidated Fund.
January - April 2016
Hon Justice Muchelule was elected in 2013 during the
judicial officers’ AGM. Commissioner Ominde’s first
term had ended on October 31, 2015. She has chaired
the Finance, Planning and Administration Committee.
She also served as Secretary at KMJA and at the Kenya
Women Judges and Magistrates Association
(KWJMA).
JSC Commissioners meet Kakamega Governor Wycliffe
Oparanya when they visited him at his office in Kakamega.
January - April 2016
Chief Magistrate and JSC Commissioner, Hon Emily Ominde
Inside the Judiciary
17
jpip news
contents
winners
Nine Court Constructions Set for Completion in 2016
REHABILITATION AND
construction works under the
Judicial Performance
Improvement Project (JPIP)
continued smoothly at nine
courts stations across the
country in 2015.
The sites are Engineer, Chuka,
Kigumo, Molo, Nyamira, Nyando,
Oyugis, Tamu and Vihiga Law
Courts. The construction sites
were handed over to contractors
early in the year and work is
expected to be complete in
T
he Judicial Performance Improvement
Project (JPIP) has shifted its focus from
outputs to outcomes. It will now emphasise
deliverables that benefit court users directly.
The World Bank-funded programme’s emphasis
will be the needs of frontline service providers that
interact with court users.
The Judiciary’s implementing units have already
been trained to fully understand the project’s new
focus. The project aims at increasing access to
courts and legal information, improving timelines
of Judiciary services, enhancing performances
and quality of decision-making as well as project
Management. The change will enable the Judiciary
to provide its services in a more effective and accountable manner.
JPIP has already rehabilitated
the Kangame and Kitui Law
Courts. JPIP is a World Bankfunded programme meant to
improve access to justice.
On increasing access to courts and legal information, the project aims at reducing geographical
distance to courts, improving links to court users
and potential users and reducing knowledge barriers. The Judiciary aims at reducing lengthy registry processes, increasing efficiencies with improved facilities and enhancing the speed at which
cases are resolved.
18
Effective and efficient coordination and management will entail monitoring, evaluation and reporting on implementation of activities, communication, procurement and financial management.
Molo Law Courts
Nyando Law Court
rds they won during
m displays the three awa
The Nyeri Law Courts tea scooped the Best Stand Embracing
They
Social Function and
the Central ASK Show.
y, Second Best Stand on
log
hno
Tec
and
tion
Innova
nd.
Sta
vernment
Third Best Medium Go
T
he Judiciary participated in
the Agricultural Society of
Kenya (ASK) fairs in various
counties to engage members of
public and other stakeholders.
Nyamira Law Courts
Oyugis Law Courts
Development of training
needs assessment for Human
Resources and Administration;
Various training programmes
for judges and magistrates;
Sensitisation of 1,090 employees on the HR Manual and other
administrative policies;
Judgment writing trainings
for judicial officers and legislative drafting in complex areas
(e.g. oil and gas; PPPs; and anti-corruption);
ASK shows
Kigumo Law Courts
JPIP gives technical and financial support to
strengthen the Judiciary’s capacity to enhance
transparent, accountable and effective services.
Development of guidelines for
CUCs;
Training of 361 Court Users
Committee members;
Rollout of Performance Measurement and Management Undertakings;
Development, rollout and
analysis of data from the Daily
Court Returns Template;
Procurement of 10 flat-screen
TV sets for public information;
Procurement of 679 computers, laptops and tablets;
Inside the Judiciary
Chuka Law Courts
The project’s focus in enhancing performance and
quality of decision-making aims at increasing use
of standards and data in management of the Judiciary, improving consistency, clarity and integrity
of decision-making.
An Impressive Record in 2015
JPIP supported activities for the
Judiciary and other stakeholders in 2015 included:
Establishment of the Directorate of Building Service;
Consultancy service contracts
for design of Kabete, Kajiado,
Mombasa, Wajir, Kakamega and
Ol Kalou Law Courts;
Procurement of 100,000 Constitution booklets and 2,000
copies of the specialised law reports (1,000 Kenya Law reports
and 1,000 Kenya Law Journals);
Courts scoop top awards in
September 2016.
Project Shifts Focus to
Direct User Benefits
Improved access to courts,
legal information and
quality of services critical
Engineer Law Courts
The Kitale, Nyeri, Migori, Kabarnet
and Mombasa law courts had
stands in the shows in their
counties. Court officials and
actors in the justice chain fielded
questions from the public and
court users.
Mombasa Law Courts emerged
the best largest Government stand
at the Mombasa ASK Show while
Migori Law Courts was rated the
Judiciary won the Best
staff celebrate after the
Mombasa Law Courts’
ASK show.
asa
mb
Mo
the
nd trophy at
Large Government Sta
best Government social functions
stand. Kabarnet Law Courts won
the best stand that promotes
national cohesion and integration
development while the Nyeri Law
Courts emerged the best stand in
embracing ICT.
The Nairobi courts also showcased
at the Nairobi International Trade
Fair at the Jamhuri Park grounds.
The Judiciary distributed IEC
material to the public to facilitate
access to information on how the
courts work; operations of the
court registries, particular cases
and their experience with courts.
rnational Trade Fair
stand at the Nairobi Inte
ABOVE: The Judiciary
i.
at Jamhuri Park, Nairob
Kitale Law
i, a Court Assistant at the
BELOW: Mr Jared Omond s to Trans Nzoia County Commissioner
vice
ser
rt
Courts, explains cou
Kitale ASK Show.
Seif Matata during the
Tamu Law Courts
Vihiga Law Courts
vices
about the ser
re explains to ASK judges
n.
The Judiciary’s Sheila We
rso
spe
bud
the Judiciary Om
offered by the Office of
January - April 2016
January - April 2016
Inside the Judiciary
19
corporate news
Accolades for Justice Lenaola
contents
news
CJ Willy Mutunga presents
an honorary membership
award to Mr Justice Isaac
Leonala (right) on behalf of
the East Africa Law Society
(EALS). The award was in
recognition of the judge’s
outstanding support and
contribution to the
development of regional
jurisprudence and his
exemplary service to the
bench both in Kenya and
East Africa.
JUSTICE ALFRED MABEYA
after graduating with a
Masters Degree in Law and
Governance at the
University of Nairobi on
December 4, 2015. He
joined the Judicial Service
in 2011 as a High Court
Judge. Currently he is at the
Commercial and Admiralty
and Civil Divisions at
Milimani Law Courts.
Destiny Network Convention
on the Constitution
rick Kiage was elected to
Court of Appeal Judge Pat
ealth Magistrates and
nw
mo
the council of the Com
Judges Association.
vening Fete
Judge Njoki Chief Guest at Che
T JUDGE
Done! Justice Mabeya earns LLM
Naim Attains PhD
Justice Ojwang Presents
Doctor of Laws Thesis
f J.B. Ojwang
Supreme Court Judge Pro
s Thesis at the
Law
presented his Doctor of
nt was attended
eve
The
i.
University of Nairob
, lawyers and
by scholars, students, judges
ies.
other prominent personalit
20
Inside the Judiciary
Chief Justice Dr
Willy Mutunga
arrives at the
All Saints
Cathedral,
Nairobi, for
the Destiny
Network
Convention
marking the
fifth Anniversary
of the
Constitution.
Judge Kiage Joins Big League
C AFFAIRS AND
THE DIRECTOR OF PUBLI
Bilal Yaseen, was in
m
Nai
N,
COMMUNICATIO
a PhD in
December, 2015, awarded
s at
die
Stu
n
atio
nic
Commu
Moi University. He holds a
Dual MBA (Spain), MA in
Communications Policy
y
(London), BA in Criminolog
(South Africa); Diploma
in Journalism (KIMC)
and a wide range
of professional
certificates.
SUPREME COUR
Lady Justice Njoki Ndung’u
with (former) British High
Commissioner Christian
Turner to Kenya at the
the
unveiling of the winners of
ing
ven
Che
6
5/1
201
Scholarships at the
commissioner’s Nairobi
residence. She is a past
ip.
beneficiary of the scholarsh
T
he Church has been urged
to help fight corruption
both within its ranks.
Chief Justice Dr Willy Mutunga told
the Destiny Network Convention
at the All Saints Cathedral, Nairobi.
“The Judiciary is engaged in a
mighty fight against corruption
and the Church must support us
for to fail that fight will be to fail
God and fail the Constitution,”
The All Saints Cathedral occupies a
historic place in Kenya’s
constitutional struggle.
applying the Constitution, our
conscience must recognise the
sweat, tears and blood many
suffered to try and create a country
that is free, full of liberties,
tolerance, equality, opportunity,
inclusiveness and non-tribal.”
The CJ said: “In interpreting and
LSK’s Top Honours
for Robert Martin
CHIEF JUSTICE DR WILLY MUTUNGA presented the
Law Society of Kenya (LSK) Honorary Membership
Certificate to Prof Robert Martin at the offices of the
Law Society of Upper Canada, Toronto, on September
17, 2015.
The Certificate was in recognition of his exemplary
contribution in the academic field and the promotion
of the Rule of Law in Africa. Judge of Appeal Justice
Robert Sharpe and the Treasurer of the Law Society
Janet Minor witnessed the presentation.
Murumbi’s Book Unveiled
med Ibrahim
Supreme Court Judge Moham
The story of
launched, ‘A Path Not Taken:
late Joseph
the
Joseph Murumbi,’ a book on
e President
Vic
as
ved
Murumbi. Murumbi ser
d for being
dite
cre
is
he
and
of Kenya in 1966
l collector. The
Africa’s most famous cultura
novan. The event
Book is written by Alan Do
next to Nyayo
lery
was held at Nairobi Gal
House.
January - April 2016
Prof Martin taught law in 1970s and 1980s in several
African universities including Nairobi, Dar es Salaam,
Lesotho and Mauritius. He is an Emeritus Professor of
Law at the University of Western Ontario, a prolific
scholar, a respected teacher and a distinguished
academician.
CJ Dr Willy Mutunga presents Prof Robert Martin
the LSK Honorary Membership certificate.
January - April 2016
In August, 2013, Prof Martin accompanied the late
Prof Ali Mazrui on a visit to the Judiciary, held
discussions with judges and magistrates and gave a
public lecturer at the University of Nairobi.
WHAT
others
SAY
For example, the
Supreme Court, the
Employment and Labour
Relations Court, the
Land and Environment
Court and the Judiciary
Ombudsman are
significant features of
the transformational
change attributable to
the new constitutional
order. The achievements
include the engagement
with members of the
public and non-state
agencies through court
user committees and
enhancement of the
geographical spread of
court stations geared
towards improving
access to judicial
services. CIC Report,
December 2015.
For the Judiciary, the
2010 Constitution has
become the bench that
all judicial officers must
sit on, express and map
out the transformation
of the Kenyan state to
a Republic where the
people’s sovereignty and
aspirations are promoted
and amplified at all
times. Jedida Wakonyo,
Commissioner, Kenya
National Commission on
Human Rights (KNCHR),
at Annual Judges
Colloquium in Mombasa,
August 2015.
The Judiciary has
demonstrated an
unprecedented
determination to
preserve and protect
the Constitution,
thereby providing the
Kenyan “experiment
in democracy” with a
limping Constitution that
recently came to birth.
The Nairobi Law Monthly,
December 2015.
Inside the Judiciary
21
news
contents
news
Newly recruited
Kadhis, shortly after
they took the oath of
office at the Supreme
Court, Nairobi,
pose for a photo
with Chief Justice
Dr Willy Mutunga,
the Registrar of
Subordinate Courts,
Hon Peter Mulwa
(left), Chief Kadhi Al
Muhdhar A.S. Hussein
(fifth left) and Deputy
Chief Kadhi Rashid Ali
(fourth right).
21 More Kadhis Recruited
C
hief Justice Dr Willy Mutunga presided
over the swearing in of 21 kadhis, raising
their number to 56 in the country.
The kadhis have been deployed to needy and
marginalised areas to facilitate access to
justice. They have been sent to
Lafey, Ijara, Elwak, Eldas, Bute
and Hulugho in the North
Eastern region; and Faza,
Lunga Lunga, Mariakani
and Msambweni at the
Coast. Others have been
posted to Busia, Kericho,
Chuka, Hamisi, Kitui, Kendu
Bay and Kapsabet.
Congratulating them for the achievement, the
CJ said appointments to the bench were now
open, competitive and transparent. “This is the
standard the Judiciary has set as the tradition
in transforming the institution,” said he.
“Given the rising number of Kenyans
who profess the Islamic faith, the
demand for services of the Kadhis
courts has also increased
exponentially,” He told the kadhis
who were recruited in September,
2015, by the Judicial Service
Commission.
“I am happy to note that, beyond
merely increasing the numbers of Kadhis
courts, the JSC has also made the kadhis an
integral part of the Judiciary Scheme of
Service,” Dr Mutunga said.
He said that kadhis now enjoy the status,
esteem and benefits like other members of the
Judiciary. He called on the new officers to
uphold high standards and undertake their
duties with integrity, fairness and steadfast
morality in line with Judiciary values, conduct,
and service delivery. Kadhis deal with matters
of marriage, divorce and succession among
Muslims. In 2012, the Judiciary hired 23 Kadhis,
the largest number to be hired to the institution
at once.
Dadacha Ali Ibrahim being sworn in.
business court users committee established
THE JUDICIARY LAUNCHED a
forum for the business
community to exercise their right
of public participation in judicial
transformation.
The Business Court Users’
Committee (BCUC) is fashioned
along Court Users’ Committee
(CUC) lines to afford the private
sector and other justice sector
actors a forum for interaction in
the interest of better service
delivery by courts.
The BCUC is intended to
contribute towards achieving the
objectives under which the
Commercial and Admiralty
Division of the High Court were
22
NAKED TRUTH
Statue is Symbol of Justice
LONG SERVICE
41 Years of Serving the
Judiciary and Counting
A LIFE-SIZE STATUE of a naked boy donning a wig and
clutching a fish in his arm at the fountain by the Supreme
Court’s entrance, was commissioned in honour of lawyer
Alexander George Hamilton who died in 1937.
DAVID WERU
KING’ORI - Executive
Officer II, Embu Law
Courts.
The statue symbolises the adage, “justice is naked, blind
and open for everyone to see”.
David Weru King’ori
59, is the longest
serving officer in the
Judiciary, having
worked for 41 years.
Further, one account indicates that the statue depicts the
face of justice as naked, blind and slippery like the fish in
the boy’s arm.
(L) Industrialist Vimal Shah at the launch of the BCUC. (R) Justistce Fred Ochieng introduces Judges
who hear employment and business disputes at Milimani Law Courts during the event.
set up. In the committee are
representatives from the
Judiciary’s Commercial and
Admiralty Division, Magistrate’s
Commercial Court, private sector
associations, the Bar and the
other National Council on the
Administration of Justice (NCAJ)
Inside the Judiciary
agencies.
Court Users Committees (CUCs)
were established under the
NCAJ in every court station in
the country as a platform for
court users to discuss matters
concerning the administration of
justice. The NCAJ is a high-level
policy making, implementation
and oversight coordination
mechanism mandated to ensure
a coordinated, efficient, effective
and consultative approach in the
administration of justice.
January - April 2016
Another interpretation
holds that the fish
removed from its habitat
(water), symbolises the
person who has been
denied justice (lifeline).
However, to rescue the
fish, the turtles sprinkle
water to give it back its
lifeline.
The turtles signify the
systems that seek to give
back the justice to
individuals.
January - April 2016
A judicial officer
is an arbiter of
facts and law for
the resolution
of disputes
and a highly
visible symbol
of government
under the rule of
law. Public Officer
Ethics Act
He joined the
Judiciary as a Support
Staff II in 1974 and was deployed to serve at the
Nakuru Law Courts.
Mr King’ori was later re-designated to a clerical
officer in 1975 and rose through the ranks to become
an Executive Officer II in 2000.
He has also served at the Murang’a, Othaya, Nyeri
and Machakos Law Courts as wells as Nairobi (Civil
Registry) and Milimani Commercial Court.
Inside the Judiciary
23
colloquium 2015
contents
colloquium
2015
Heavy Agenda at Judges Annual Conference in Mombasa
O
ver 120 judges of the superior courts met in Mombasa
for a five-day annual conference to discuss the Judiciary
in the context of the five-year old Constitution. The
judges were drawn from the Supreme Court, Court of Appeal,
High Court, as well as Employment and Labour Relations, and
Environment and Land courts.Chief Justice Dr Willy Mutunga
opened the conference whose sp eakers included eminent
scholars, academics, lawyers and public administration and
governance experts. The conference was organised by the
Judiciary Training Institute during the August vacation, when
judges do not sit in court but are required to write judgments
for the cases whose hearings they have concluded.
“This is a candid
forum for intellectual
introspection among
judges.” CJ Willy Mutunga,
24
“We must collaborate, no
single unit in justice chain
can do it alone.” Deputy CJ
Inside the Judiciary
Kalpana Rawal
“Judges must walk a
fine, narrow ethical
path.” Court of Appeal
Judges owe fidelity to the
Constitution which they
must interpret faithfully.”
President Kihara-Kariuki
Principal Judge Richard
Mwongo
January - April 2016
I am optimistic that the
judiciary’s record will
be stellar on gender &
women’s rights. Prof.
Mr Eric Mutua
Praised mutual respect
between the Bar and
the Bench in Kenya.
Patricia Kameri-Mbote
January - April 2016
Prof PLO Lumumba
Raised concerns on
low standards of legal
practice and training.
Kenyan judges too
have the ability to
make Kenya a great
democracy. Dr. Gibson
Kamau Kuria
Justice Anne Williams
A United States Circuit
Judge for the U.S.
Court of Appeals for
the Seventh Circuit.
Inside the Judiciary
25
tribunals
contents
opinion
e
t
a
l
u
g
e
R
o
t
l
l
i
B
d
e
p
o
l
e
v
e
D
s
l
a
n
u
Trib
Proposed law seeks
to have panels under
the Judiciary’s watch
T
Law Rehe Judiciary and the Kenya
e dehav
)
RC
(KL
form Commission
g all
brin
to
g
kin
see
Bill
a
veloped
ive
inistrat retribunals under one adm
rations.
ope
gime and streamline their
developed by
The Draft Tribunal Bill 2015,
mittee on
Com
g
rkin
the Judiciary’s Wo
Tribunals
of
ng
turi
truc
Res
Transition and
ce on
For
k
and the KLRC-led Tas
d by
ute
stit
con
ls
Transition of Tribuna
igai,
Mu
hu
Git
f
Pro
l
Attorney Genera
icile
ls dom d
seeks to have all tribuna
under the Judiciary.
the public and
The draft was circulated to
scrutiny and
for
interested parties
n discussed
bee
has
ft
dra
discussion. The
organised by
in three stakeholder forums
C and the
KLR
the Attorney General,
Judiciary.
AG Prof Githu Muigai
DRAFT legislatiON to hasten settlement of disputes
The draft law on the
administration and operations of
tribunals, whose aim is to bring
the panels under the Judiciary,
covers the following:
Set appropriate qualifications for
chairpersons and members of
tribunals;
Rationalise and regulate
tribunals;
Bring all tribunals under a single
administrative regime and
coordinate the functions of
tribunals;
Streamline the governance and
operations of tribunals;
Ensure expeditious settlement of
disputes by tribunals;
Provide for a reasonable
standard for the establishment of
tribunals;
Enhance access to justice; and
26
Improve quality of service
Inside the Judiciary
delivery by tribunals.
Tenure of members of tribunals;
Establishment and composition
of the Council of tribunals;
General principles and
jurisdiction of tribunals;
Functions and powers of the
council;
Establishment of the Tribunals
Appeals Board;
Appointment of chairpersons
and members of tribunals;
Qualifications for appointment as
chairperson and members;
Qualifications for appointment of
chairperson and members of
tribunals;
Funds of the Council; and
Establishment of the Tribunal
Rules Committee.
January - April 2016
Witness Protection Enhanced
New rules buttress key role
of witness protection in the
interest of justice
By CALVINE OREDI
W
itness protection is
recognised as a fundamental human right,
by various instruments of both
International and National law, in
the administration of justice. Article 50 of the
Constitution, under the Bill of Rights, not only
provides for the protection of identity of witnesses and vulnerable persons in the interests
of fair hearing before a court or tribunal, but
also for enactment of legislation providing for
the protection, rights and welfare of victims of
offences.
Chief Justice Dr Willy Mutunga gazetted the
Witness Protection Rules 2015 via Legal Notice
No. 225 of 2015 on October 30, 2015. The rules
became operational on November 30, 2015,
creating a more conducive and secure
environment for witnesses to testify.
The CJ had tasked the Witness Protection
Agency (WPA) to draw up requisite draft rules
as envisaged under Section 36 (2) of the
Witness Protection Act, for his consideration.
The Agency presented its draft to the National
Council on Administration of Justice (NCAJ) in
July, 2014.
The Witness Protection Agency (WPA) had a
chance to interact with the public during the
Nairobi International Trade Fair.
A validation workshop organised by the
Judiciary, WPA and the International
Commission of Jurists (Kenya), was held on
October 24, 2014 to interrogate the draft rules.
Various stakeholders in the justice sector
critiqued the rules.
The Witness Protection Act establishes a
Witness Protection Programme to specifically
protect the safety and welfare of crucial
witnesses and related persons who are
threatened, or at risk.
For instance Section 4 of the Witness Protection
January - April 2016
Rules 2015 empowers courts to take
appropriate measures to protect the safety,
physical and psychological well-being of a
witness. In doing so, relevant issues such as age,
gender, health and nature of the crime are
looked into. The Court is now mandated to give
protection orders by taking into account all the
circumstances of a case, eligibility criteria and
whether the protection order in question is
likely to inhibit the evidence being effectively
tested by any party to the proceedings or
contrary to the interest of justice.
A major improvement in the rules is allowing
evidence in the physical absence of witnesses
who are protected. The courts will now have
jurisdiction to admit witness evidence using
audio-visual technology, such as video
conferencing and closed circuit television.
Witnesses are vital pillars in any successful
criminal justice system. Any credible
investigation or prosecution is mainly
dependent on the quality of evidence adduced
by witnesses to the crime, or about the crime.
Witnesses need to always have unfailing trust in
the criminal justice system, if they are to
volunteer in assisting law enforcement agencies
in the investigation, prosecution, and,
ultimately, determination of cases. Witness
protection can ensure such trust thus
promoting the rule of law.
The Rules have also taken into account rights of
children who are witnesses. Section 5 (9)
outlaws any other person apart from a parent,
guardian or a person in loco parentis to attend
court proceedings. Applications made under
this section shall be heard in camera.
Protection of witnesses, therefore, entails
judicial protection measures. For instance,
Section 5 (a) stipulates measures to prevent
disclosure to the public or media of the identity
or whereabouts of a witness. They include
expunging identifying information from the
court’s public records, redaction of statements,
voice distortion, closed sessions and use of
pseudonyms by the witness.
The rules require the Registrar to make available
facilities and equipment that protects
witnesses. Future refurbishment of courts and
construction of new ones will therefore be
required to factor in Section 5 (3) of the Rules.
The Witness Protection Agency also
encourages the public who have been
threatened and/or intimidated for cooperating
with the prosecution and other law enforcement
agencies to contact WPA through telephone
numbers (020)7121337/8, 0770909207 or
hotline: 0711-222441, 0725-222442, Toll Free
Line: 0800 720 460 and email: [email protected].
ke; [email protected]. The Agency has a
Liaison office in Nairobi at Room 413 of the
Milimani Law Courts and two regional offices in
Mombasa and Kisumu.
The writer is the Principal Public Relations
Officer, Witness Protection Agency
Inside the Judiciary
27
news
contents
our
guests
A Walk for the BLIND
from somaliland
The CJ joins
participants in
a walk to mark
the White Cane
Day shortly after
he flagged off
the event at
the Supreme
Court Building,
Nairobi.
C
hief Justice Dr Willy Mutunga flagged off
and took part in the walk for the blind in
Nairobi to create awareness on white
cane road users in the country.
The CJ urged Kenyans to start a culture of
caring for those with disabilities.
The procession started at the Supreme Court
and proceeded through Cathedral Road,
Procession Way, Haile Selassie Avenue, Uhuru
Highway and Lang’ata Roads to end at the
Kenya Society for the Blind (KSB), Nairobi
West, for the main event.
Others who participated in the walk included
visually impaired persons, persons with other
disabilities, the Judiciary’s staff with visual
disabilities, sponsors and the public. KSB
Director Juliana Kivasu, Judiciary’s acting
Director of Human Resource and
Administration Angella Manyalla were among
those who spoke at the event.
Dr Mutunga called for the support and
strengthening of organisations monitoring the
implementation of laws affecting people with
disabilities in the society.
The White Cane Day is universal and is
celebrated to give recognition to the long staff
that assists the visually impaired persons in
mobility.
Chief Justice Dr
Willy Mutunga
presents a
copy of the
Constitution to
Mr Adam HajiAli Ahmed (left),
President of the
Supreme Court,
Constitutional
Court and High
Judicial Council
in the Republic
of Somaliland.
Mr Ahmed
had visited Dr
Mutunga at the
Supreme Court
in Nairobi.
The cane alerts motorists and other road users
that the carrier is visually impaired. It is a tool
that promotes independence amongst the
visually impaired persons. It is painted white
for easy recognition.
National secretary general for Professionals
with Visual Disability Stanley Mutuma said the
CJ’s gesture was a great sign of commitment to
granting rights of all citizens of the Republic.
He urged public and private entities to comply
with the implementation of the Constitution,
specifically Article 54, on employment
opportunities to persons with disability, to
meet the minimum threshold of five per cent.
sharing ideas
From left: The
Chief of Staff in
the Office of the
Chief Justice,
Mr Duncan
Okello, Deputy
CJ Kalpana
Rawal, CJ Dr
Willy Mutunga,
Indian High
Commissioner
to Kenya H.E.
Suchitra Durai,
at a meeting
when the envoy
visited the CJ.
guidelines ON criminal cases TO REDUCE DELAYS
THE JUDICIARY HAS launched
guidelines to direct the conduct
of criminal cases in courts.
The Guidelines for Active Case
Management of Criminal Cases
in Magistrate and High Courts
were launched at the Supreme
Court on December 1, 2015.
The Judiciary is also piloting a
project on active case
management in criminal cases in
Naivasha, Machakos and
Mombasa Law Courts. The pilot
28
seeks to ensure that no trial
should proceed until
investigations were completed;
and full disclosure by both the
prosecution and defence before
the trial commences.
The procedures are to guide the
conduct of criminal cases and
give effect to Article 159 of the
Constitution, particularly in
reducing delay, case backlog
and ensuring justice is done
irrespective of status
Inside the Judiciary
They seek to ensure that the
prosecution, accused persons,
witnesses and victims are dealt
with fairly, respected and
protected.
Further, the guidelines aim to
ensure speedy conclusion of
criminal cases. Deputy Chief
Justice Kalpana Rawal said the
move was a step in improving
access to justice and restoring
public confidence in the
Judiciary.
The High Court
Organization and
Administration
Bill, 2015 seeks
to streamline the
organisation and
administration of
High Courts. The
Bill further seeks to
facilitate effective
and efficient
discharge of the
mandate of the
court, develop
constitutional
jurisprudence and
improve access to
justice.
The Active Case Management
Steering Committee chairman
Mr Justice Matthew Emukule
said criminal cases took long
conclude due to frequent
adjournments, ill-prepared
prosecution and defence and
absence of robust coordination
among key actors in the justice
system.
The committee brings together
the Judiciary, the Kenya Police
Service, the DPP and LSK.
January - April 2016
January - April 2016
Inside the Judiciary
29
news
contents
news
l
a
e
D
o
t
s
e
v
o
M
Judiciary
s
e
s
a
C
t
f
a
r
G
h
t
i
w
Firmly
The CJ poses
for a photo
with top
Judiciary
officials and a
special team
of magistrates
appointed
to handle
corruption
matters.
DPAC Wins Coveted
public relations award
T
he Directorate of Public
Affairs and Communication
(DPAC) bagged a top award
for the best Public Sector
Campaign of the year at the Public
Relations Society of Kenya (PRSK)
award ceremony in November,
2015.
DPAC entered for the award of
excellence the ‘Justice at Last
Initiative’ undertaken by the High
Court where more than 50,000
old cases were dealt with in
various court stations in 2015. The
initiative involved a massive public
sector campaign with Judges,
Deputy Registrars and other
officers appearing in various
media outlets to inform the public
about the case clearance drive.
The directorate also produced and
ran
documentaries
and
supplements in the local media to
alert the public about the initiative.
The Judiciary was also nominated
for best Media Relations Campaign
of the Year. It was also nominated
for the New Media Campaign of
the year for the launch and success
of the new traffic regulations and
its social media publicity thereof,
CJ Willy Mutunga’s official twitter
handle-@WMutunga.
Other
nominees were Kenya Commercial
Bank, Uchumi Supermarkets,
Jambo Jet Airline, NIC Bank and
CNN-Multichoice
African
Journalist of the year.
From left: The Judiciary’s Public Affairs and Communication Director,
Dr Naim Bilal, Senior Resident Magistrate Lyna Sarapai, Registrar of
the High Court Judith Omange and Principal Magistrate Joseph Were,
pose with the trophy awarded to the Judiciary for winning the 2015
Public Sector Campaign of the year award at the PRSK Gala, Nairobi.
Top Pupils in President’s Scheme Tour Superior Courts
10 additional magistrates
assigned to hear graft,
economic crimes cases
corruption and economic crimes matters
already filed in other divisions of the High Court
shall be transferred, heard and determined at
the division.
he Judiciary in an effort to expedite corruption and economic crimes cases, has
created a specialised High Court Division
to effectively and efficiently adjudicate economic crimes disputes.
Further, the CJ expanded the capacity of the
anti-corruption court with regard to lower
courts, from three magistrates to 13, to hear
economic crimes cases. The CJ unveiled a team
of 10 special magistrates on December 17, 2015,
at the Supreme Court in Nairobi.
T
The Anti-corruption and Economic Crimes
Division of the High Court gazetted by the Chief
Justice on December 11, 2015, will enhance
effective case management and ensure
expeditious disposal of cases.
The creation of the specialised division will
impact positively on the trial courts since they
have original jurisdiction. The CJ will soon post
judges to the division.
The division at Nairobi will have its own registry
and it shall determine the categorisation of the
matters that may be lodged and heard in the
division. The High Court may order that
30
Inside the Judiciary
The magistrates’ court, in line with Section 4(4)
of the Anti-corruption and Economic Crimes
Act 2011, has also reorganised itself to hear
matters daily to avoid frequent adjournments.
The law requires special magistrates, as far as
practicable, to hold the trial of an offence daily
until completion.
Head of the Anti-Corruption Court Kennedy
Bidali said that by nature, corruption and
economic crimes cases take a longer period due
to the number of witnesses involved. He added
that this is compounded by delays by lawyers,
prosecutors, investigators and witnesses.
Said the Chief Justice: “As the Judiciary, our
magistrates and judges will be present
everyday to proceed with scheduled matters
and other actors in the justice chain should
similarly be ready to ensure that cases do not
drag in court.”
The plans to convene a special National Council
on the Administration of Justice (NCAJ)
meeting in early 2016 on the issue. He hopes to
have all actors (advocates, the DPP, police,
EACC) understand that courts shall be working
with strict time lines in order to avoid delays.
“The Judiciary is committed to changing the
court’s modus operandi to eliminate the
inordinate long period of time it currently takes
to hear and determine cases,” he said.
Other divisions of the High Court are; the
Criminal Division, the Civil Division, the
Constitutional and Human Rights Division, The
Judicial Review Division, Commercial and Tax
Division in Nairobi and Mombasa and the
Family Division.
THE PUPIL REWARD SCHEME (PURES)
beneficiaries are joined by judicial staff in a photo
moment during an educational visit at the
Milimani Law Courts, Nairobi. The PURES team
also visited the Supreme and Appeal courts.
The pupils in the President’s mentorship
programme are the 2014 Kenya Certificate of
Primary Education (KCPE) top performers in
each of the 47
counties.
The judicial officers fielded
their questions on the Bill of Rights,
the role of the Judiciary in the
administration of justice and the functions of
various courts. PURES aims at exposing the
pupils to all the arms of the Government.
Judicial staff are joined by Students under the Pupil Reward Scheme (PURES), in a photo moment during an educational visit at Milimani Law
Know this guy? His name is Shikhutuli Namusyule, Chief Public Communication Officer, DPAC. He is the
officer who constantly updates the Judiciary website (www.judiciary.go.ke), assisted by Lilian Mueni.
[email protected]
January - April 2016
January - April 2016
Inside the Judiciary
31
pictorial
contents
pictorial
supreme court
Working Retreat
for Supreme Court
Judges: (L-R): Justices
Prof J.B. Ojwang,
Njoki Ndung’u,
Dr Philip Tunoi,
Kalpana Rawal, Dr
Willy Mutunga, Dr
Smokin Wanjala and
Mohammed Ibrahim,
during a retreat of
Supreme Judges at
Nanyuki, to reflect on
their work.
jamhuri day charit y
samitsi school
KJSA AGM
team building
ega
Justice David Majanja
ma Bay County led by
Judicial officers from Ho
ma Bay GK prison.
Ho
at
s
ate
inm
to
toiletries
donate food stuffs and
ool, Kakam
i of Samitsi Primary Sch
CJ Mutunga with alumn
ry.
the Judicia
County, during a visit to
cj scholars
Nyamira law courts staff
Rusinga Island.
lding activities at Mbita
participate in team Bui
k
children’s service wee
n makes her
Judicial Staff Associatio
A member of the Kenya
held in Nairobi on
M
AG
n’s
atio
oci
Ass
contribution during the
December 5.
Corporate Gifting
e
ctic
universal corporate pra
s. Corporate gifting is a
gift
ate
por
.
cor
Act
ar
ics
-ye
Eth
end
ice package
the Public Officer
n, Hildah, Connie and Eun
ry gifting complies with
DPAC and OCRJ staff Lilia affirms relationships. DPAC ensures that Judicia
and
that promotes branding
32
Inside the Judiciary
January - April 2016
CJ Willy Mutunga and
ief
beneficiaries of the Ch
iative,
Justice’s Scholarship Init
to
display books donated
er
the Judiciary by the Bar
bal
Institute for Law and Glo
sity of
Human Services, Univer
Law,
Washington, School of
.
USA
,
ttle
Sea
in
ed
bas
ports
The institute which sup
ch
ear
res
ry
lina
cip
interdis
aimed at promoting the
effectiveness of legal
frameworks as essential
ls
elements in achieving goa ,
ion
for human health, educat
ic
and social and econom
g
pin
elo
dev
in
g
ein
ll-b
we
books
the
d
ate
don
es,
countri
it
to honour the relationship
has with the Judiciary.
January - April 2016
addresses
Magistrate Lucy Gitari
Children’s Court Chief
ek,
We
vice
Ser
urt
Co
ildren’
the press during the Ch
i.
irob
Na
,
urts
Co
Milimani Law
CJ speaks in new york
CJ Willy Mutunga (R), Justice Prof Joel Ngugi (5th R) & Chief of Staff Mr Duncan Okello (3rd R), with judges
and activists in New York. The CJ spoke on Inclusion of Sexual and Gender-based Crimes in Transitional
Justice Processes.
Inside the Judiciary
33
admissions
contents
sworn
in
more join the bar
Standards Tribunal
Members of the
Standards Tribunal
pose with the CJ
and Lyna Sarapai (r)
of OCJ, after being
sworn into office.
They included
Chairperson Gladys
Muthoni Mburu and
members Hillary
Sigei, Moses Sande
Makhandia and Peter
Mungai.
Cabinet Secretary
for Industrialisation
and Enterprise
Development Adan
Mohamed appointed
the four for a threeyear term.
Newly qualified lawyers take Oath during their admission to the Bar at Supreme Court, Nairobi.
jolly good
try again...
Teachers
Service
Commission
Secretary /
CEO, Ms Nancy
Macharia (R),
rehearses
moments
before taking
her Oath
of Office at
Supreme
Court, Nairobi.
Looking on
is Resident
Magistrate
Lorraine
Ogombe of
OCJ.
Advocates
after being
admitted to
the Bar at
the Supreme
Court, Nairobi.
34
Inside the Judiciary
January - April 2016
January - April 2016
Inside the Judiciary
35
sworn in
contents
news
Sentencing Procedures
TEAM SUBMITS REPORT
Political Parties Tribunal
T
he task force looking into past
sentencing patterns to improve
dispensation of justice by the Judiciary
handed over its report to CJ Dr Willy Mutunga.
A new member
of the Political
Parties Disputes
Tribunal (PPDT),
Mr Paul Ngotho,
takes his oath of
office before CJ
Dr Willy Mutunga
at the Supreme
Court, Nairobi.
Dr Mutunga received the draft Report on
Sentencing Procedures from High Court
Judge Msagha Mbogholi.
The team gazette in June, 2014, was tasked to
review the past sentencing patterns, policies
and outcomes and recommend how to reduce
unwarranted disparity, increase certainty and
uniformity and promote proportionality in
sentencing.
The team was expected to suggest
interventions that would include educating
and engaging the public and other
stakeholders on the sentencing system and its
effectiveness. The report is set be launched in
January, 2016.
KRA
RIP: ColleaGues who passed on in 2015
Chief Registrar of
the Judiciary Anne
Amadi with Kenya
Revenue Authority
Commissioner Dr
Mohamed Omar
Mohamud (third
left), two members
of the Tax Appeals
Tribunal, Mr Omar
Jibril Mohammed
(R) and Mr Daniel
Kipsang Tanui (2nd
Rl) shortly after
they took Oath of
Office at Supreme
Court, Nairobi.
Principal Magistrate
Joseph Were (L)
administered the
oaths.
36
Inside the Judiciary
Chief Justice Dr Willy Mutunga when he received the draft Report on Sentencing Procedures
from the Justice Msagha Mbogholi task force. The team was appointed in June, 2014, to look
into past sentencing patterns to improve dispensation of justice by the Judiciary.
January - April 2016
S/no.
NAME
DESIGNATION
STATION
DATE
1
Victor W. Shitoshe
Senior clerical officer
Eldoret
2/8/15
2
Abdi Salan Ibrahim
Clerical officer
Isiolo
03/03/15
3
Innocent Maisiba
Senior Resident Magistrate
Bungoma
5/12/15
4
Carrol Kaseyi
Senior clerical officer
Milimani
11/6/15
5
Hellen Aloo Ogola
Support staff supervisor
Kigumo
15/11/2015
6
Bakata Ibrahim
Senior Process Server
Isiolo
17/8/2015
7
Cedrick Anyika Muyale
Security Guard III
Kakamega
17/9/2015
8
Simon Obwocha Onduso
Clerical officer
Kilgoris
18/03/2015
9
John Isoe Moegi
Driver
Eldoret
18/12/2015
10
Gordon Juma Wariato
Senior Accounts Assistant
Kapsabet
18/12/2015
11
Peter Nditika
Senior Principal Magistrate
Kandara
19/12/2015
12
Terasia Moraa Onchuru
Support staff supervisor
Kisii
19/9/2015
13
Mkame A. Maro
Senior clerical officer
Garsen
20/11/2015
14
Michael Omondi Ogweno
Senior support staff
Nakuru
22/4/2015
15
Samuel Odhiambo Yongo
Clerical officer
Ukwala
22/4/2015
16
James G.M.Mbote
Senior executive officer
Gatundu
25/02/2015
17
Francis Kubasu Odhiambo
Executive assistant
Kisumu
25/10/2015
18
Joseph Nderitu Ndei
Executive assistant
Nakuru
25/9/2015
19
Francis Mutahi Giteru
Senior clerical officer
Mukurweini
26/1/2015
January - April 2016
Source: Directorate
of Human Resource &
Administration, Dec. 2015
Inside the Judiciary
37
news
contents
news
gn launch at
ing the HeforShe campai
The team of panelists dur
irobi.
the Supreme Court, Na
Chairperson of
Hannah Okwengu and
Court of Appeal Judge
.
JA)
(KW
n
atio
oci
Ass
Kenya Women Judges
d
e
k
c
a
-b
N
U
e
h
t
s
in
Judiciary Jo
C
hief Justice Willy Mutunga
launched the Judiciary
Chapter of the UN Women’s
HeforShe campaign that aims at
identifying,
celebrating
and
encouraging men to support and
promote gender equality.
The Judiciary’s HeforShe campaign
is part of a global solidarity
movement and an initiative by the
UN Women in Kenya in collaboration
with the Kenya Women Judges
Association (KWJA).
The campaign also seeks to create
awareness and spark action on the
responsibility that men and boys
have in eliminating all forms of
discrimination and violence against
women, girls and boys.
The event presented an opportunity
for the Judiciary to celebrate men
who support gender parity and to
encourage others to actively
38
promote it within their spheres of
influence.
Leaders in government, academia
and business are required to publicly
identify as believers in gender
equality as a basic human right for
women.
They
should
also
acknowledge that the promotion of
this right benefits both men and
women and commit to take action
against gender discrimination and
violence in order to build a more just
and equal society.
women,
lack
of
economic
empowerment of women as well as
inscribed societal cultural norms as
reasons that account for increased
cases of gender-based violence
(GBV).
“Patriarchy has been a negative
factor in gender relations. It has
perpetrated false masculinity, and
perpetuated economically and
socially
costly
discriminatory
tendencies,” said the CJ.
During the launch, the CJ made a
public affirmation of his commitment
as an individual and institutional
champion for gender equality. He
said the campaign is an important
initiative aimed at achieving better
understanding
and
improved
relations between men and women.
Dr Mutunga cited societal attitudes,
lack of adequate laws to protect
Inside the Judiciary
n
g
i
a
p
m
a
C
e
h
S
r
o
f
He
and guests follow
Judiciary officials, Judges
nch of the HeforShe
lau
the
ing
dur
gs
proceedin
Nairobi.
urt,
Co
e
rem
Sup
Campaign at
A public
officer shall
not engage
in political
activity
that may
compromise
or be seen to
compromise
the political
neutrality
of his office.
Public Officer
Ethics Act
CJ signs on as a champion of the
HeforShe campaign.
January - April 2016
January - April 2016
Inside the Judiciary
39
opinion
contents
Reflecting on Matters of General
Public Importance
Supreme Court has set yardstick
for a matter to qualify to be of
general public importance
T
he Supreme Court of Kenya has exclusive original jurisdiction to determine disputes relating to the election of the President. The Court also has
appellate jurisdiction to hear appeals from
the Court of Appeal in matters of constitutional interpretation and application, and matters certified
as of general public importance (GPI).
“It would be good practice to originate the application in
the Court of Appeal, which would be better placed to
certify whether a matter of general public importance is
involved. It is the Court of Appeal which has all along been
seized of the matter on appeal before it. That Court has
had the advantage of assessing the facts and legal
arguments placed and advanced before it by the parties.
Accordingly, that Court should ideally be afforded the first
opportunity to express an opinion as to whether an appeal
should lie to the Supreme Court or not. If the applicant
should be dissatisfied with the Court of Appeal’s decision
in this regard, it is at liberty to seek a review of that
decision by this Court as provided for by Article 163 (5) of
the Constitution.”
The Constitution does not outline the considerations of
what constitutes GPI. The court has, however, delineated
certain criteria to be considered before a matter can be
considered as one of GPI. This was in the case of Hermanus
Philipus Steyn vs Giovanni Gnecchi-Ruscone, SC. App 4 of
2012. The case revolved around the question of damages
payable to a commission agent for brokerage services. In
his application, the applicant cited the grounds for
consideration as a matter of public importance as follows:
“14. This case is of general importance to a class of litigants
in Kenya comprising brokers and commission agents in so
far as this is the only case in Kenya which involves the
award of damages to a commission agent for an alleged
breach of a commission note for brokerage on an actual
price.
40
Inside the Judiciary
Drive to Clear
4,435 Pending
Children Cases
THE JUDICIARY EMBARKED on a
five-day crash exercise to clear a
backlog of 4,435 children’s cases at
the Milimani Law Courts, Nairobi.
BY ANN ASUGAH
The certification of any matter as one of GPI may be
reviewed by the Court. It is clear from the provisions
Article 163(4) (b) of the Constitution that the certification
process was intended to be a filter for matters that come
to the Supreme Court. In the Sum Models Case, SC. App 1
of 2011, Tunoi and Wanjala SCJJ held that:
news extra
The Children’s Court Service Week
targeted children’s matters pending
between January 2002 and December
2010. Six magistrates were involved in
the exercise, the first service week ever
for the Children’s Court.
Are you aware
of two new
Directorates in
the Judiciary?
a) The
Directorate
of Building
Service (DBS)
is responsible
for managing
Judiciary
infrastructure
projects.
b) The Audit
and Risk
Management
Directorate is
charged with
providing
internal
auditing
services to the
Judiciary.
Supreme Court Judges
“16. Therefore this case involves matters of general public
importance to all business people in Kenya, including all
agents and investors who should know what the criteria are
for the determination of the quantum of an award of
damages for the breach of a commission contract for
brokerage on a stated price…”
most apt for resolution in the lower superior courts,
is not a proper basis for granting certification for an
appeal to the Supreme Court; the matter to be
certified for a final appeal in the Supreme Court,
must still fall within the terms of Article 163 (4)(b)
of the Constitution;
The court with a majority decision of 3-2 held that the case
didn’t merit consideration as one of GPI and stated seven
guiding principles to be considered when deciding if a
matter is one of GPI:
(vi) The intending applicant has an obligation to
identify and concisely set out the specific elements
of “general public importance” which he or she
attributes to the matter for which certification is
sought;
(i) One must satisfy the Court that the issue for determination
is one which transcends the circumstances of the particular
case, and has a significant bearing on the public interest;
(vii) Determinations of fact in contests between
parties are not, by themselves, a basis for granting
certification for an appeal before the Supreme Court.
(ii) Where the matter in respect of which certification is
sought raises a point of law, the intending appellant must
demonstrate that such a point is a substantial one, the
determination of which will have a significant bearing on the
public interest;
In their dissenting opinion, Ibrahim and Ojwang
SCJJ, observed that the matter at hand was of GPI,
and would have granted leave to the applicants to
file a substantive appeal to the Supreme Court, on
the basis that the issues raised were questions of
law and had not been settled. This was because at
common law, a broker could only earn damages on
breach of a commission agreed on the amount of
money ascertained. It was, therefore, important to
settle the question of quantum of damages
payable to brokers when there is a breach of
contract.
(iii) Such question or questions of law must have arisen in
the Court or courts below, and must have been the subject of
judicial determination;
(iv) Where the application for certification has been
occasioned by a state of uncertainty in the law, arising from
contradictory precedents, the Supreme Court may either
resolve the uncertainty, as it may determine, or refer the
matter to the Court of Appeal for its determination;
(v)
Mere apprehension of miscarriage of justice, a matter
January - April 2016
In the case of Malcolm Bell, The Court adopted the
dissenting criteria of Ojwang and Ibrahim:
(i)
Issues of law of repeated occurrence in the general
course of litigation;
January - April 2016
(ii) Questions of law that are, as a fact, or as appears
from the very nature of things, set to affect
considerable numbers of persons in general, or of
litigants;
(iii) Questions of law that are destined to continually
engage the workings of the judicial organs;
(iv) Questions bearing on the proper conduct of
the administration of justice.
To demonstrate the evolution of what constitutes
GPI, recently, in the case of Town Council of
Awendo v, Nelson Oduor Onyango and 14 others,
SC. App. 49 of 2014, the Court added a further
criterion of ascertaining what constitutes a matter
of GPI: “Issues of controversy that emerge from
transitional political-economic-social-cum-legal
factors with impacts on current rights and
entitlements of suitors, or on public access to
common utilities and services will merit a place in
the category of ‘Matters of general public
importance’.”
The law evolves based and so do the principles of
law applicable in the society. The criteria of
ascertaining matters of GPI will no doubt grow as
the Court continues to develop different facets of
the law as canvassed before it.
The writer is the Deputy Registrar of the
Supreme Court. The views expressed herein are
those of the author.
The Children’s Court heard cases
where parties had not taken action for
more than a year. The parties were
required to inform the court whether
or not they intend to proceed with
their cases. Active cases were heard,
judgments delivered and files closed
where necessary.
The exercise was to rid the system of
dead cases to enhance efficient and
smooth operation of the Children’s
Court, which handles civil proceedings
on matters touching on:
Parental responsibility
Children’s institutions
Guardianship
Custody and maintenance
Protection and care of children
Judicial orders for care and
protection of children
Foster care placement and
Child Offenders
The court also hears any charge
against any child, except a charge of
murder or where a child is charged
jointly with an adult. It also hears
matters on a person accused of an
offence under the Children’s Act.
Inside the Judiciary
41
undp news
contents
our
friends
Tribunal Gears Up for War
against HIV stigma
Sh1m Grant to Boost
Naivasha Courts
FIXING DATES for cases and production of
particulars of upcoming suits, popularly
known as the daily cause list, has been made
simpler. The Judiciary has automated the
back office registry processes of diarising
cases and producing the cause list.
T
he HIV and AIDS Tribunal held a forum to
publicise its Strategic Plan 2013-2017,
launched in July 2014.
The November, 2015, meeting in the Kisumu
County, was meant to support effective
implementation and delivery of the Plan,
launched in collaboration with the National
AIDS Control Council (NACC) and UNDP
Kenya.
CJ Willy Mutunga and Members of Naivasha CDF committee led by Naivasha MP John
Kihagi (4th Right) display a dummy of the Sh1m cheque donated to the Judiciary by the
committee to improve court facilities at Naivasha Law Courts. Looking on is the Chief
Registrar of the Judiciary Anne Amadi (3rd Right), Naivasha Law Courts Senior Resident
Magistrate, Esther Kimilu (2nd Left) and Naivasha CDF Chairman Joseph Magu (Left).
The plan provides for an ambitious agenda to
transform the institution to take full advantage
of its mandate to check stigma and
discrimination, and enhance access to justice
for infected and affected populations.
Key issues discussed during the forum focused
on HIV, human rights and the law; responding
to stigma and discrimination; and sociocultural issues, religion and human rights.
County Offers Land for Modern
High Court Station in Narok
(Above and Below) Official and stakeholders at the Kisumu forum
The forum sought to increase awareness
among people living with HIV and key
stakeholders on the role of the Tribunal. It
highlighted the best practices initiated by the
Tribunal and enhanced linkages with key
institutions and partners from the county.
Tribunal chairman Jotham Arwa called for
more efforts to address stigma and
discrimination as well as promotion of
transparency and accountability mechanisms
in the country. This, he said, could only be
achieved with concerted efforts by the
Government, civil society organisations,
networks of people living with HIV and the
community.
courtS’ dAiLy
CAUSE LIST GOES
ELECTRONIC
“The Electronic Court Diary will be operational
and will enable dates to be issued on a continuous basis all year round and an automated
cause list generated by the system on demand,” CJ Willy Mutunga told the launch of
the Business Court Users Committee (BCUC)
in Nairobi.
The Electronic Court Diary system creates a
seamless process by linking the court diary
and the master diary and ultimately produces
a cause list as one of the reports or output of
the system.
The system eliminates the manual process of
fixing dates in the master diary, and reliance
on printed diaries that earlier forced courts to
suspend issuance of dates in what is often
referred to as ‘closed diaries’.
The dates can be fixed continuously throughout the year without having to close diaries.
This will ensure that registries fix dates for all
pending cases.
of people living with HIV.
human rights and fundamental freedoms.
Further, it eliminates instances where cases
with dates are not listed in the day’s cause list,
as both fixing and cause listing is carried out
simultaneously.
“The Tribunal is committed to ensuring that its
much-needed services reach the masses and
affected communities through similar
dissemination forums in other counties,” said
Mr Arwa.
“It will also increase the space for social
dialogue on HIV-related stigma, increase
knowledge and awareness, and reduce stigma.
This will help increase access to HIV prevention
services and practices, increase uptake of
services, and create demand for HIV
prevention, treatment, care and support
services.”
The creation of the seven-member Tribunal in
Kenya, the first and only one in the world,
represents a bold step towards achieving this
goal and is expected to be a game-changer in
the country’s anti-discrimination laws. Further,
it sets the pace in improving the legal
environment in dealing with HIV and AIDS
related cases.
The innovation enhances improved sharing of
the cause lists between the registries and the
host websites (The Judiciary and Kenya Law
websites) through emails. This enables quick
availability of information from the systems
easy search feature, improved record keeping
for future reference as well as generation of
statistics.
UNDP’s Ludfine Bunde said: “UNDP hopes that
a strong and efficient Tribunal will help
discourage
discriminatory
practices,
encourage inclusivity and uphold involvement
During the June, 2011, High Level Meeting on
AIDS, world leaders pledged to eliminate
stigma and discrimination against PLHIV by
promoting laws and policies that advance
UNDP Kenya supports the Tribunal’s
institutional capacity in order to deliver on its
mandate.
42
Inside the Judiciary
January - April 2016
CRJ Anne Amadi receives land allotment letters from Narok County Govenor Samuel Ole
Tunai at the Governor’s Office in Narok.
THE NAROK COUNTY GOVERNMENT has given the Judiciary two pieces of land to construct a
High Court station and staff quarters. The Chief Registrar of the Judiciary, Ms Anne Amadi, received
the letters of allotment from Narok County Governor Samuel ole Tunai at his office. The Judiciary
intends to use one acre to build a modern court station and the other five acto construct residential
premises for staff. Ms Amadi observed that Narok residents travelled long distances to the Naivasha
High Court for their cases and the latest move would bring justice closer to Narok surroundi Later,
Ms Amadi handed over a court building that had stalled to contractors to complete its construction.
The work started in 2007 only to stall in 2010. She said the Judiciary planned to build and refurbish
more courts to reduce the distance to the courts in order to fulfill its obligation.
January - April 2016
The diary was developed by the Office of the
Registrar High Court, in collaboration with the
ICT Directorate and the International Development Law Organisation (IDLO).
Inside the Judiciary
43
pictorial
Our
contents
Position
wedding bells
. The bride
and Isaiah in Mombasa
Wedding day for Betty
J.
Mkalla of OC
is the daughter of Grace
light at end of tunnel
denmark
Get it Clear: We have No Room for
CORRUPTION or INEPTITUDE
Hon DCJ Kalpana Rawal in talks with former Danish Ambassador
to Kenya Geert Aagaard Andersen, when he paid her a courtesy
at her office, Supreme Court, Nairobi
JSC invited political
rage after sacking
senior officials
implicated in
corrupt dealings
By ANNE A. AMADI
T
family
he Chief Justice’s recent warning to
judges about the threat of corruption
creeping back into the Judiciary was an
acknowledgment that significant progress had
been made in the war on the vice in the past
few years, gains which we must not lose.
The reforms and institutional mechanisms that
have defined the new Judiciary’s commitment
to a culture of performance, and the highest
standards of probity and accountability in our
judicial and administrative conduct since 2011
continue to yield encouraging results.
Workers in the final stages of unblocking the 75 metre
drainage tunnel at the Supreme Court building. Blockage of
the tunnel over the years has been a major cause of flooding in
the basement of the building. The tunnel is 3.8 metres high.
joins
ily Division, Lucy Gitari,
ief Magistrate in the Fam
r they donated
afte
i,
irob
Na
in
Judiciary staff led by Ch
me
Ho
s Barnados Children
children from St. Thoma
e.
hom
the
to
uff
foodst
Israeli Ag
Yehuda Weinstein, view
Israeli Attorney General,
ting
visi
at the
and
i
iga
Mu
AG Prof Githu
endence Chief Justices
exhibition of post-indep
Judiciary’s photographic
Supreme Court.
44
Inside the Judiciary
machakos
Chief
Magistrate
Lucy
Mbugua
presents a
gift to Lady
Justice
Beatrice
Thuranira
Jaden,
during the
Machakos
end year
party
organised
by the
Machakos
Law Courts
Welfare
Association.
Contrary to divergent viewpoints from various
quarters since the CJ spoke about corruption,
the leadership of the Judiciary has been at the
forefront of re-engineering the institution to
earn its pride as a credible, accountable and
high-performing arm of Government.
The CJ and the Judicial Service Commission
(JSC) have spared no effort to enforce policies
and apply sanctions to move the institution in
the right direction. That direction is primarily
set out in the Constitution and our very own
Judiciary
Transformation
Framework.
Specifically, the CJ and the JSC have been firm
on dealing with corruption and integrity
among judicial officers and staff.
Indeed, the JSC demonstrated its seriousness
on the issue of graft long before the high-profile
anti-corruption actions of the Executive in 2015
that led to the suspension of senior Government
officials and the prosecution of others.Kenyans
recently witnessed a laudable move by the
Legislature which took drastic measures on
House committees implicated in corruption.
Long before the measures by the two arms of
January - April 2016
January - April 2016
Government unfolded, the JSC had already
sacked senior officials implicated in corrupt
dealings, a move whose political ramifications
culminated in an attempt to disband the JSC.
The CJ invited the Ethics and Anti-Corruption
Commission, the Kenya National Audit Office
and the Treasury to conduct a joint audit of the
institution’s finances in November, 2013, after
it became clear that there was a problem in the
Judiciary’s administrative wing.
refunds by court stations from the previous
endless weeks or months to a maximum of
seven days. Together with the National Police
Service, the Judiciary is also determined to
root out corruption in traffic matters, an area
fraught with graft. The feedback from
motorists on this score has been positive.
Besides a World Bank-supported effort to
develop an institutional anti-corruption
framework, the CJ has written to both the
The JSC hasn’t hesitated to take action against Kenya Magistrates and Judges Association
judges or magistrates credibly implicated in and the Kenya Judiciary Staff Association to
corruption. Nine magistrates are currently actively demonstrate their commitment in
under suspension and investigation, while a dealing with corruption among their members.
tribunal to investigate a High Court judge is in The Law Society of Kenya’s support is also
being sought in weeding out
the offing. Matters
corruption among advocates.
touching on other
The setting up of the LSK
judges
and
sitated
The JSC hasn’t he
Anti-Corruption Committee
magistrates are at
ainst
to take action ag
may be a good place to
various stages of
rates
begin.
determination.
judges or magist
in
credibly implicated
Corruption is a vice that
Since
2011,
the
corruption.
gnaws at the heart of the
political
and
Kenyan society. It is, therefore,
institutional
a continuous fight that institutions must wage,
commitment to fight
corruption in the Judiciary has been very both by way of speaking out strongly against
strong. The CJ, upon assuming office, set up it, and punishing it resolutely. And that is what
the office of the Judiciary Ombudsperson, the CJ, the Judiciary and the JSC have done
which has been instrumental in improving and continue to do. Indeed, it is worth noting
internal accountability in our conduct and that audit queries in the latest report by the
service delivery to the public. The JSC also set Auditor General reduced to just nine, from a
up the JSC Investigations Unit and the results high of 48 previously. Our pending bills also
of the investigation of judicial officers and reduced from Ksh300 million in 2012/13 to
Ksh411, 000. Overall, we have developed
staff, are largely a product of this move.
policy manuals to guide our processes and
The Judiciary has also set up the Internal and promote professional rectitude in our work.
Risk Management Directorate, which is
answerable to the JSC and the CJ. The unit is a And because corruption has insidious,
proactive step to forestall malpractices among complicated and widespread interlocking
staff and it will soon audit all court stations. interests, sometimes institutions that seek to
Following an audit of 30 court stations, 65 fight it frontally and transparently end up
members of staff, 17 of whom are accountants, being blamed for doing just that. We invite
Kenyans to hold us to account at all times.
are either on suspension or interdiction.
(First published in the local media)
These steps have been undertaken within a
broader anti-corruption drive that has seen the The writer is the Chief Registrar of the
CJ issue new regulations to expedite bail Judiciary
Inside the Judiciary
45
news
contents
pictorial
Courts Engage Public in
OPEN DAYS
V
arious court stations held Open
Days to engage the public in the
administration of justice.
The public interacted with court
officials and actors in the justice chain
at the Isiolo, Marsabit, Marimanti,
Kilgoris, Kericho and Kapenguria law
courts to learn about court services and
the role of the actors in the
administration of justice.
law students
LEFT: Residents of
Kilgoris, staff of the
local law courts and
CUC members, led
by Senior Resident
Magistrate Amos
Makoross, march
in Kilgoris town,
Narok County,
during the station’s
Open Day
BELOW: Maralal
Law Court staff,
CUC members and
the public march
in Maralal town,
Samburu County,
during the court’s
Open Day.
Spearheaded by the Office of the
Registrar Magistrates Courts in
collaboration with the Directorate of
Public Affairs and Communication
(DPAC), the courts marked the day with
speeches,
question-and-answer
sessions, exhibitions as well as
processions.
ar Moses Serem is joined
Court of Appeal Registr
y visited the Judiciary on
Law School when the
by students from Kenya
madan lecture
an educational tour.
Malawi judges benchmark with us
The events are part of efforts to receive
feedback and engage the public in the
administration of justice to improve
service delivery to court users and help
close public distance.
wrojee and
ior Counsel Pheroze No
CJ Willy Mutunga, Sen
Award
and
ture
Lec
dan
CB Ma
Hon Martha Karua, at the
versity, Nairobi.
Uni
ore
thm
Stra
at
d
Ceremony hel
The Malawian Judges visited the Judiciary to benchmark on JTI programs and
the ongoing transformation in the Kenyan Judiciary. The team led by Supreme
Court of Appeals Judge, Dr Jane Ansah, was hosted at JTI by Justice Prof Joel
Ngugi and Principal Judge Richard Mwongo.
learned friends
Model Ajuma Nasenyana visits the Judiciary Stand during the Turkana
Trade Fair in Lodwar.
46
Inside the Judiciary
Principal Magistrate Douglas Machage of the Kapenguria Law Courts,
hands over copies of the Constitution and IEC materials to West Pokot
County Governor Simon Kachapin (right).
January - April 2016
Prominent lawyers among them AG Prof Githu Muigai (R) have their moment in court.
January - April 2016
Inside the Judiciary
47
editorial team
REPUBLIC OF KENYA
JUDICIARY
Chief Registrar of the Judiciary
P.O. Box 30041 - 00100, Nairobi
Tel +254-20-2221221
[email protected]
Website: www.judiciary.go.ke
Supported by UNDP
Produced by the Directorate of Public Affairs and Communication