Committees a paradigm shift in Judiciary

In his 1786 book, Essays on the Intellectual Powers of Man, Thomas Reid, the 18th century Scottish moral philosopher, famously wrote: “In every chain of reasoning, the evidence of the last conclusion can be no greater than that of the weakest link of the chain, whatever may be the strength of the rest.”

And thereby Prof Reid inadvertently gave life to what has become the modern — but simplified — concept that “a chain is as strong as its weakest link.”

The justice delivery system is a complex chain that includes many players. Any weakness anywhere along this multi-faceted chain means culpability in the entire sequence, thereby leading to flawed final results from the Judiciary.

It is, therefore, vital for the Judiciary to ensure that the functioning of the complex chain that is the justice delivery system is flawless.

This is why the Court Users’ Committees (CUCs) are such a transformational establishment.

The committees can be traced to a decision made in 2006 by the Kenya Magistrates and Judges Association that in order to renew the public’s faith and confidence in the country’s justice system, it was necessary to find a structured way to involve the public and other stakeholders through meetings and consultations.

The idea came at a time when the public’s confidence in the judicial system was at all all-time low.

A baseline survey carried out at the time by the Governance, Justice, Law and Order Sector revealed that only four per cent of the population said they submitted their legal disputes to the law courts while an overwhelming 96 per cent said they preferred extra-judicial means.

REBUILD PUBLIC CONFIDENCE

The Milimani Law Courts, the busiest cluster of courts in the country, are pioneering the Court Users’ Committees as a tool for helping deliver justice while rebuilding public confidence in the judicial system.

The Milimani Law Courts have an average of about 5,000 walk-ins on a daily basis.

The country, through the Constitution of Kenya (2010), decided that it would operate strictly and comprehensively under the rule of the law where the interests of all the players in the judicial system shall be catered for.

The stakeholders in the CUCs include the public (also known as Wanjiku), non-governmental organisations, organisations involved in environmental and land issues, the private sector, officers responsible for public service, gender, women, children’s affairs, and labour, the Law Society of Kenya, the office of the Director of Probation and After-care Affairs, the office of the Attorney-General, the office of Director or Public Prosecutions, the office of the Inspector General of Police, and the Office of the Commissioner of Prisons.

The essence of the Court Users’ Committees is to enhance public participation in the judicial delivery system, ensure a coordinated response to issues encountered in accessing and delivery of justice, and provide an avenue for addressing open and consultative administration of justice.

Essentially, CUCs aim to make the judicial process more participatory and inclusive, thereby helping build confidence in the judicial system while delivering justice that Kenyans can, and should, believe in.

Lady Justice Nyamweya is the chairperson of the Court Users’ Committee