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