Nairobi: Chief Justice (CJ) Martha Koome has reaffirmed the transformative power of the Constitution of Kenya, 2010, describing it as a catalyst for good governance, social justice, human rights, equality, and accountability. Speaking at the 15th Anniversary celebration of the Constitution, commemorated during a Katiba Day event convened by the Nation Media Group, Koome noted that the 2010 Constitution marked a turning point for the Judiciary by entrenching judicial independence, redefining accountability, and placing access to justice at the core of Kenya's justice system.
According to Kenya News Agency, during her keynote address at the event themed 'Fifteen Years Later: The Constitution and Us,' the CJ highlighted the Judiciary's progress since the Constitution's promulgation, tracing the institutional reform journey through three major frameworks: the Judiciary Transformation Framework (JTF) under CJ Mutunga, Sustaining Judiciary Transformation (SJT) under CJ Maraga, and the ongoing Social Transformation through Access to Justice (STAJ) strategy, which will guide reforms through to 2033.
The CJ cited significant judicial milestones, including the Supreme Court's ruling in the BBI case, which upheld the sovereignty of the people; decisions on housing rights; the 2023 ruling upholding freedom of association for LGBTQ+ persons; and the Muruatetu decision, which declared the mandatory death penalty unconstitutional, marking a major milestone in criminal justice reform.
Moreover, Koome emphasized the judiciary's transformation beyond jurisprudence, noting significant expansions in court infrastructure and the establishment of High Court stations and registries in all 47 counties, ensuring wider access to justice. Digitisation has been pivotal, with the e-filing system launched in Nairobi in 2020 and extended nationwide in 2024, replacing paper-based processes and enhancing transparency and accountability through real-time dashboards and online cause lists. Virtual hearings and AI-powered transcription tools have also contributed to efficiency and reduced delays.
Despite these advancements, the CJ acknowledged ongoing challenges, including chronic underfunding, case backlogs, and emerging threats to judicial independence, such as cyberbullying and misinformation campaigns targeting judges. She urged lawful channels for criticism of court decisions and called for increased budgetary support, decrying the Judiciary's current allocation of less than 1 percent of the national budget.
The Chief Registrar of the Judiciary, Winfridah Mokaya, reiterated the Judiciary's role in patrolling the boundaries of the Constitution, ensuring no person or institution operates beyond these limits, thus aiding the realization of the dreams and aspirations of the Kenyan people as encapsulated in the Constitution.