Africa-Press – Kenya. Chief Justice Martha Koome has asked judges to put compassion in their service so as to administer the law in a fair and humane manner.
In a speech delivered by Deputy Chief Justice Philomena Mwilu, the CJ said judges should approach adjudication as an avenue for bettering human life and enabling the community’s well-being to make the judicial work an engine for social good.
She said courtrooms should be places where the marginalised and the vulnerable can find their dignity and rights upheld and not just arenas for legal contest.
“We gather here for this annual colloquium under a theme that has profound implications for the success of our Constitution. Our role as judges is not just adjudicating disputes but also enabling the social transformation aspirations of the Constitution,” she said.
Koome said public confidence is enhanced when court decisions are predictable and consistent as they are critical aspects of a well-functioning legal system.
“Individuals and entities should anticipate how a court will rule on a particular legal issue or case and the extent to which similar cases are decided similarly over time. This promotes legal certainty and helps people make informed decisions both in their personal lives and in business transactions,” she said.
Koome advised judges to decide cases with comparable facts and legal issues in a similar manner to boost confidence of the people to the Judiciary.
She said in case of lack of perfect predictability and consistency, there will be room for debate since different judges may have varying perspectives.
The CJ said where a court makes no effort to strike a balance between predictability and flexibility, public confidence in the Judiciary is eroded.
“Often, this is seen as a decision arrived at for considerations other than the facts, evidence or statute. We need to be aware that the litigants we serve are an enlightened lot; scrutinising determinations on every issue and the findings of other courts on the authorities cited,” Koome said.
She also raised concerns on delayed delivery of judgment and the failure to avail judgment promptly to litigants after pronouncement.
Koome said the Judiciary still faces challenges of interference from other institutions. She said the Judiciary Fund is not operating optimally as envisaged by the Constitution due to bureaucratic bottlenecks and roadblocks erected by the Controller of Budget.
The CJ added that the Salaries and Remuneration Commission has encroached on the JSC’s mandate under Article 172(1) (b) of the Constitution which is to “review and make recommendations on the conditions of service” of staff of the Judiciary, falling outside remuneration and benefits for state officers.
“We are already engaging robustly with these institutions with a view of resolving these misunderstandings in line with the Constitution,” she added.
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