County courts get fresh boost

Chief Justice Willy Mutunga and CoG chairman Peter Munya (middle) listen to AG Githu Muigai (right) on Saturday during the Second Annual Conference on Administration of Justice at Enashipai Hotel in Naivasha. The key objective of the conference was to ensure proper engagement towards administration of justice in counties. PHOTO | MACHARIA MWANGI |

What you need to know:

  • CoG Chairman Peter Munya said a proposed joint committee to develop a proper legislative framework for the transition should be formed urgently.
  • The task force is also expected to provide a clear sharing formula of revenue collected as fines from people breaking county laws.
  • The COG chairman also wants special prosecutors gazetted to enforce county laws. COG had proposed the establishment of County Prosecution Offices in all the 47 counties. 
  • Mr Munya welcomed the formation of a separate registry at the municipal courts to handle county legislation, terming it commendable progress.
  • Dr Muigai told of a commitment to set up Attorney General offices in counties, promising the necessary technical support.

The Council of Governors wants the process of re-branding former city and municipal courts to county courts fast-tracked to improve delivery of justice in counties.

CoG Chairman Peter Munya said a proposed joint committee to develop a proper legislative framework for the transition should be formed urgently.

“Not all counties have such courts and it remains, undoubtedly, that each county must have courts that can handle their respective body of law,” he said. 

The task force is also expected to provide a clear sharing formula of revenue collected as fines from people breaking county laws.

The COG chairman also wants special prosecutors gazetted to enforce county laws. COG had proposed the establishment of County Prosecution Offices in all the 47 counties. 

“As we interrogate the comprehensive framework on administration of justice, we must look at such proposals and explore how they can be actualised,” Mr Munya said.

He spoke at Enashipai Hotel in Naivasha where the CoG held its second annual conference on administration of justice in counties.

Stakeholders from the justice sector and county government attended the three-day meeting, which discussed, among other things, the framework of engagement towards administration of justice in counties. The conference ended on Saturday.

Attorney General Githu Muigai and Chief Justice Willy Mutunga were among those present on Thursday.

COUNTY LEGISLATION

Mr Munya welcomed the formation of a separate registry at the municipal courts to handle county legislation, terming it commendable progress.

Dr Muigai told of a commitment to set up Attorney General offices in counties, promising the necessary technical support.

“These offices are crucial for the realisation of devolution in counties,” he said. 

He, however, decried the high number of cases taken to court, saying “some of them were a waste to State resources”. 

He supported the Alternative Dispute Resolution mechanism as a way of arbitrating some matters that were finding their way to court. 

Mr Muigai termed the high legal fees charged by some lawyers a big challenge.

Chief Justice Willy Mutunga praised devolution as a key device for managing and upholding constitutional democracy.

He said the rebuilding of public confidence in the Judiciary in the run up to the last General Election helped the country dodge another round of civil unrest.

The CJ said devolution must be guarded for the stability of Kenya. 

“County governments are not accidents, either in origin or design, but rather are a product of our historical experience with a failed centralised state and governments,” he said. 

CJ WARNING

The CJ acknowledged that it was not easy for institutions and individuals to voluntarily cede power.

“Here in Kenya, this reality should not be too generously embraced to permit national level institutions to impede the operations of county governments.”

Dr Mutunga called on national agencies tasked with various constitutional mandates to watch against tendencies likely to subvert devolution to satisfy certain individuals’ crave for power.

He, at the same time, lashed out at people who viciously attack the independence of the Judiciary and the Constitution for allegedly being “too strong and activism oriented.”

The same individuals, Dr Mutunga stated, often dashed for protection from the same “activist Constitution and Judiciary”.

“I look in amusement at individuals who, when in positions of comfort and power, viciously attack the independence of the Judiciary and the Constitution.”

Later, when circumstances change, these individuals “thank the judges for having backbones to stand up against evil and dictatorial forces,” said the CJ