The debate about judicial reforms has persisted for decades, taking a definitive turn in the 1980s and ’90s with the clamour for constitutional changes.
The desire has been to create a vibrant, responsive, independent and efficient judicial system that illuminates democracy and entrenches the rule of law.
This is the reason the 2010 Constitution prioritised judicial reforms and notably created the Supreme Court, bolstered independence of the Judiciary and provided for its extensive expansion.
And huge gains have been made. For example, as an independent institution, the Supreme Court, acting purely on evidence, nullified presidential election results in 2017, giving hope to the public that in the Judiciary rests their protection.
That notwithstanding, evidence abounds that constitutional guarantees are not enough to secure the independence and vibrancy of the Judiciary. Political, economic and administrative are equally pivotal.
For the past two years, the Judiciary has suffered the pain of political and administrative strictures.
Arising out of the ruling on the 2017 presidential election, the Jubilee administration has pointedly trained its fury at the Judiciary and used all tactics to undermine and paralyse it.
Core in the strategy has been budget cuts to destabilise its operations.
Lately, President Kenyatta has obstinately refused to appoint judges approved by the Judicial Service Commission, creating artificial shortage of judicial officers and, consequently, disempowering courts.
Matters are made worse with the natural transition of judicial officers. Supreme Court, for example, is staring at a crisis where it will only have five judges as Prof J.B. Ojwang’ retires in the coming months and Deputy Chief Justice Philomena Mwilu is battling corruption charges against. Other courts are worse off.
Shortage of judges and magistrates affects administration of justice. Courts are overwhelmed and circumscribed.
Not that the Judiciary has made things any better for itself. Within its powers, it is unable to accelerate arbitration of lawsuits.
Lethargy and inaction is prevalent. Corruption, procrastination and missing files are the order of the day.
Cases are postponed without credible reasons while some rulings are questionable.
Against this backdrop, the Judiciary will find itself deeply in the spotlight this year with the public demanding its true reformation.
The starting point is for the government to drop its antipathy and give financial and administrative support to the Judiciary.
The Executive and the Legislature have to change and support the third arm of government, the Judiciary.
Importantly, the Judiciary, starting with Chief Justice David Maraga, must institute radical changes to transform the institution.
