- One of the Judiciary’s main shortcomings in Kenya is the persistent delay in administering justice. This issue is not new but is becoming increasingly troubling.
- The Judiciary often presents itself as the defender of democracy, stepping in to check the excesses of the other arms of government. This is commendable, but it cannot be a one-way street. The principle of checks and balances demands reciprocity.
- The Chief Justice must lead a bold transformation agenda, ensuring that the Judiciary serves the people rather than itself. A public performance tracker is not just a recommendation but a necessity.
In Kenya’s governance framework, the Judiciary serves as the ultimate defender of democracy, ensuring that the Executive and Legislature remain accountable. It has played a vital role in significant national issues by stopping unconstitutional government initiatives, invalidating unlawful laws, and influencing political structures. This function is essential, especially in a nation where previous governments have frequently exceeded their authority. Yet, very few question a critical issue: who oversees the Judiciary?
Unlike the Executive, which faces public scrutiny through community interactions, media reviews, and the assessment of manifesto commitments, and the Legislature, evaluated based on its proposed bills, discussions, and parliamentary activity, the Judiciary functions largely outside effective public oversight. Court decisions and rulings are issued, but there is no formal system for citizens to assess court performance or enforce accountability. This lack of balance poses a significant threat to democratic integrity. A Judiciary with near-absolute power is as concerning as an Executive that disregards constitutional boundaries or a Parliament that approves legislation without proper examination.
Justice Delayed, Justice Denied
One of the Judiciary’s main shortcomings in Kenya is the persistent delay in administering justice. This issue is not new but is becoming increasingly troubling. A striking example is the recent parliamentary majority dispute, which stretched on for nearly two years, leading to a ruling that has fostered unnecessary political uncertainty. This is not an isolated issue; numerous Kenyans find themselves stuck in legal limbo, with unresolved cases lasting for years. The courts are overwhelmed with case backlogs, yet judicial officers seem indifferent to the urgent need for efficient justice delivery.
Consider corruption cases, for example. Why do cases involving influential politicians and government officials take years to resolve? The pattern is always the same: incessant adjournments, appeals, counter-appeals, and legal technicalities that extend cases indefinitely. By the time a judgment is finally delivered, the public has moved on, evidence has disappeared, and citizens incur additional, unexpected legal fees from advocates. The saying, “justice delayed is justice denied,” is not merely a legal concept; it reflects a harsh reality for Kenyans who often see criminals walk free while victims struggle for justice.
Curiously, the same Judiciary that takes years to resolve corruption cases can issue politically significant rulings at remarkable speed when it benefits specific interests. During elections, courts manage to decide presidential petitions within 14 days, while Kenyans involved in straightforward land disputes or commercial cases may wait for five, ten, or even fifteen years for a verdict. This apparent selective efficiency raises serious questions about the Judiciary’s priorities and its impartiality.
The Elephant in the Room
The Kenyan Judiciary is not immune to corruption. Reports of judges and magistrates receiving bribes, influencing case outcomes, and colluding with criminals are rampant. The Executive and Legislature have been put under intense scrutiny over corruption, but who is scrutinizing the Judiciary? While judges demand transparency from politicians, they seem unwilling to subject themselves to the same level of accountability.
The Judiciary Ombudsman’s office exists, but its effectiveness is questionable. How many bribery allegations have led to convictions? Many Kenyans do not trust the Judiciary to discipline its own. The courts must understand that trust in the justice system is not automatic. It must be earned. Kenyans need public records of disciplinary actions, the number of corruption cases within the Judiciary, and what is being done to clean up the system.
A Judiciary That Demands Accountability but Resists It
The Judiciary often presents itself as the defender of democracy, stepping in to check the excesses of the other arms of government. This is commendable, but it cannot be a one-way street. The principle of checks and balances demands reciprocity. If the Judiciary can strike down executive orders, nullify parliamentary decisions, and demand accountability from politicians, then it must also be willing to submit itself to public scrutiny.
Unfortunately, there is little transparency about how judicial decisions are made. Some rulings appear politically motivated, raising concerns about external influence in judicial processes. If a judge’s decision can alter the course of the nation, then citizens have a right to understand the reasoning behind those decisions. Why should judges operate in an untouchable realm, beyond questioning, when their rulings have serious consequences for the country and individual citizens?
If Kenyans can evaluate the President’s performance based on the promises made during campaigns, and if they can judge MPs based on their legislative contributions, why is there no clear scorecard for the Judiciary? The Chief Justice should publish a comprehensive Judiciary performance tracker, including:
- Case Backlogs – How many cases are concluded versus those still pending?
- Corruption Cases – How many judicial officers have been disciplined for corruption?
- High-Profile Cases – Why do corruption cases take longer than election petitions?
- Access to Justice – How many courts have been established in underserved areas?
- Legal Aid Expansion – Has there been an increase in free legal aid for vulnerable populations?
- Budget Utilization – How effectively is the Judiciary using its allocated resources?
Kenyan citizens must demand frequent access to these reports. Without data, there is no accountability.
Parliament, Civil Society, and Media Must Step Up
It is time for Parliament to exercise its robust oversight role in the judiciary. While judicial independence must be respected, independence is not immunity from accountability. The Judiciary receives significant public funding, and Kenyans deserve to know how that money is being used.
Why are court fees still high? Why is access to justice still a privilege in most cases? Why are there not enough courts in marginalised regions? Civil society organizations must also step up. While many advocacy groups focus on exposing corruption in the Executive and Legislature, there is limited scrutiny of judicial effectiveness. The media must also expand its coverage beyond political rulings to investigate why some cases stall, how judicial officers conduct themselves, and where inefficiencies persist in the justice system.
For Kenya’s democracy to function effectively, all three arms of government must be subjected to equal scrutiny. The Judiciary must understand that power without accountability is dangerous. A judge’s robe should not be a shield against criticism. If judicial officers truly believe in justice, they should welcome transparency and oversight. Kenyans should no longer accept judicial inefficiency, corruption, and selective activism. The Chief Justice must lead a bold transformation agenda, ensuring that the Judiciary serves the people rather than itself. A public performance tracker is not just a recommendation but a necessity. Justice must not only be done but must be seen to be done.
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The time for judicial transparency is now. Kenyans must demand answers: Why do corruption cases take so long? Why is judicial misconduct rarely punished? Why are court fees still prohibitive for the poor? How effectively is the Judiciary using public funds? Until these questions are answered with clear, verifiable data, Kenyans will remain in the dark about the effectiveness of their justice system. Judicial independence must come with judicial accountability. Anything less is an injustice to the people.
