I will endeavour to turn Judiciary into world-class institution of justice

It is tempting to take an event such as the one we are having here today as ordinary and routine. Taking the oath of office as the 15th Chief Justice of the Republic of Kenya may not, in and of itself, be an event of monumental novelty. But we must not lose the significance of this historic day. This day affirms the country’s recognition and acceptance to be governed as a constitutional democracy.

Today shows that when we allow institutions to thrive, and when those institutions are populated with men and women who put the country first, they will always do what is right. Throughout the process of choosing the holder of the office of the Chief Justice, the JSC manifested both independence and accountability – conducting a process that is open, transparent, and responsive to the concerns of the Kenyan people. I am proud to be a product of that process and I am committed to protecting and enhancing the constitutional ideals of judicial independence and accountability.

The Judiciary was the first arm of government to transit from the independence constitution to the 2010 one when it recruited the first Chief Justice under the new Constitution. The Judiciary, again, is the first arm of government to oversee the first peaceful transition and transfer of power under the 2010 Constitution. This is a remarkable feat and the Judiciary and the JSC are very proud that we are setting the pace for the rest of the country. But our pacesetting has not just been in transitions. It has also been on reforms, both in terms of constitutional implementation and institutional transformation. For the past five years, the Judiciary, under the leadership of my predecessor, Dr Willy Mutunga, has been implementing an ambitious and successfully transformation agenda, which has been a benchmark for other public sector institutions.

KENYANS WANT

We have been resetting the button for the kind of Judiciary that Kenyans want and need. A Judiciary that is people-centred and a fair and firm defender of their rights. A judiciary that is independent, and one that robustly upholds the Constitution. A judiciary that gallantly fights corruption within its ranks, and one that is transparently managed. A judiciary that is financially strong yet accountable. A judiciary that is open and friendlier to the public, and one that has now finally embraced performance contracting.

As I assume office, I promise to focus on a number of fundamental undertakings. I will endeavour to turn the Judiciary into a world-class justice institution. My overarching interest will be on improvement of service to the Kenyan people. I will seek to eliminate corruption from our ranks, reduce the backlog of cases, and automate court proceedings. I will aspire to enhance access to justice for all and improve performance and accountability within the Judiciary. I can assure the country that the judicial work ethic is going to change – for the better.

The core function of the Judiciary is to ensure that citizen’s rights are protected, that all are equal before the law, and that the rule of law is observed. While cultivating a collaborative and mutually supportive relationship with all arms of government, we will continue to discharge our constitutional mandate fairly, impartially but firmly. We shall respect the constitutional independence of other arms of government and expect that they, too, shall similarly respect the independence of the judiciary.

Leadership is about service and teamwork. I intend to build a positive culture among the staff, an attitude of service, and collegiality. In the same vein, I will strive to ensure that the Judiciary delivers value for money to the Kenyan public. Our service is justice. Kenyans must feel the quality and speed of our service and be satisfied with it.

THREE QUARTERS

Although more than three quarters of our judges, magistrates and judicial staff are honest and hardworking people, corruption continues to be a dark blot on the Judiciary as an institution. Whereas considerable progress has been made in the fight against this vice, I must admit that the information I have indicates that it is on the rise. I promise to deal with this problem in a direct and frontal manner. I will strengthen the Office of the Judiciary Ombudsperson, reinforce the disciplinary processes in JSC, and bolster the Directorate of Internal Risk and Audit among many other recommendations that will result from the ongoing anti-corruption mapping exercise being led by Transparency International.

I will institutionalise the war against corruption so that it is not a periodic event but part and parcel of our culture and management systems and processes. I recognise that the steady and consistent support of the Executive and the Legislature as well as that of other institutions is crucial in the fight against corruption. I plead for maximum support in this regard.

I am aware that the legal profession is linked to the Judiciary in a special way. I will endeavour to extend and fortify this relationship. But as the Judiciary reflects on improving judicial performance, we must expect the same of the bar. I will seek to engage both with the leadership and membership of the Law Society of Kenya to play their part in improving service, clearing case backlog, enhancing integrity in court processes, and improving the quality of legal training and services provided by both the bar and bench.

Elections and election dispute resolution is a key priority for me. I have been the chairman of the Judiciary Committee on Elections and I have confidence in the preparations that we have and are putting in place. But we are just one actor in the chain. We require all agencies, other actors, the political class and the Kenyan citizenry to play their part in ensuring that the next elections are undertaken in accordance with the set constitutional standards. I want to assure the nation that the Judiciary is ready to hear and resolve any election disputes that may arise in a fair and timely manner.

This is an edited excerpt of Chief Justice David Maraga’s speech at his swearing-in on October 19, 2016.