Achode’s journey to top: From magistrate to presiding judge

Some things happen with a big bang. Others, however, pass quietly like a light cloud across the sky. The election of three women governors and a similar number of senators in the last general election falls in the first category. However, the election of Lydia Achode to become the principal judge of the High Court easily falls in the latter.

Justice Achode has worked in the Judiciary for more 30 years, rising from the position of a district magistrate II in Kericho to become a judge of the High Court. And last week, she was installed as the principal judge in a ceremony witnessed by Chief Justice David Maraga.

PENDING CASES

The judge said she was encouraged by her female colleagues to go for the key position because they believed she was the most suitable candidate due to her previous experience in the Office of the Registrar. Before she took up the new mantle, she was serving as the Chief Registrar of the Judiciary. 

“I also was driven by the wish to serve my fellow judges and build on what the outgoing principal judge (Justice Richard Mwongo) had begun. I am driven by the desire to make access to justice by the public a reality,” she said.

However, the proof of the pudding will be in the eating. There are many Kenyans who think that justice is slow to come by in this country and that it is often offered to the highest bidder. For instance, there are 13,000 succession cases pending in the family court. When will these ever be dispensed with?

WITHOUT FEAR

“An independent survey carried out some time back showed that the biggest cry is not about corruption, but rather the delay of cases. And the delay is because of the amount of work which has been overwhelming. A lot of judges have burnout. I will ensure that work is flowing, by ensuring that judges have optimal productivity,” she said.

It is now her responsibility to reverse the perception of delayed justice by speeding up the hearing of cases and ensuring that justice is dispensed without fear or favour. When she took over her new role, she said her vision was to unite the judges and build linkages between the High Court and other courts.

“What I would like to see is a seamless linkage, so that the Judiciary is seen as one,” she said. The public will be watching to see if she lives up to the promises she has made.

Justice Achode, who became a judge in 2011 after a stint as the registrar, said the problem that afflicts judges is the same no matter where one works.

HANDICAP

“If a judge goes to a station without facilities, it doesn’t matter what is the judge’s level or ethnic background. He/she will suffer the same handicap as any other judge,” she said.

However, she recognises that she will be working with colleagues who are not afraid of antagonising those in positions of power and authority.

“Our judges have fearlessly pronounced themselves in accordance with the law and the Constitution. I salute and recognise our colleagues who have at times in challenging circumstances lived up to the calling of their sacred oath of office,” she said and pledged to defend the independence of the Judiciary at all times.

But, how did she get to her current position? Justice Achode was voted for by other High Court judges in an election conducted by the Independent Electoral and Boundaries Commission on April 23.

Rule 14 of the High Court Organisation and Administration (General) Rules, 2016, requires that the handover of the Office of the Principal Judge be done at an installation ceremony to be conducted by the Chief Justice. This is what happened when she was installed last week. Her colleagues, robed in red and black gowns, made their way to the court premises in Nairobi to witness the solemn occasion as Justice Achode took over from Justice Mwongo whose term ended after five years.

IMPARTIAL ARBITER

In his speech, during the installation of Justice Achode, Mr Maraga said he had confidence that the judge was up to the task.

“I have confidence that you will manage the Office of the Principal Judge in the most professional and prudent manner and I wish you the best as you embark on your new journey,” he said.

During her stint as judge, Justice Achode heard and determined among others the election petition filed by former Mombasa Senator Hassan Omar against Governor Hassan Joho. Despite being asked to disqualify herself over claims of bias, she stood her ground and in the end, dismissed the petition with costs.

Mr Omar had accused the judge of displaying double standards when treating applications made by the parties by readily accepting to hear and grant those by the respondents (Mr Joho and the electoral commission), but refusing to hear those he had filed. He also charged that Justice Achode “had given open latitude” to the respondents’ advocates when cross-examining his witnesses, but restricted his lawyer when cross-examining the respondents and their witnesses. She dismissed the application, stating that the court must not be cowed into abdicating its duty of being an impartial arbiter in any given matter for fear of being accused of bias.

FALSE PAYMENTS

In the final decision, she said Mr Hassan failed to discharge the burden of proving the allegations of irregularities and that the election was not transparent, free, fair and verifiable. According to the judge, the irregularities cited did not have substantial effect on the result.

The judge also recently dismissed an appeal by the government against Ms Margaret Kamonya Ndanyi, who had been acquitted of charges of making false payments amounting to Sh8.5 million from the Education ministry.

Ms Ndanyi, who was the head of the School Health and Nutrition Unit, had been tasked with implementing the national school-based deworming programme. The prosecution accused her of furnishing false payment schedules, work tickets and receipts between March and June 2009. While dismissing the appeal, Justice Achode said the evidence produced by the prosecution did not exclude the possibility of the offences having been committed by other persons.

Justice Achode’s new responsibilities as principal judge include the overall administration and management of the court. It will be her job to ensure the orderly and prompt conduct of the business of the court. Among other duties, she will also be involved in naming the benches of two or more judges in consultation with the Chief Justice.

TREASURER

After working at the Kericho Law Courts from 1986 to 1988, Justice Achode was promoted to the post of resident magistrate at the Makadara Law Courts in Nairobi where she served until 1994.

That year, she was transferred to Mombasa Law Courts as a senior resident magistrate.

Later, she was promoted to principal magistrate in 2000 before becoming a senior principal magistrate in 2004. In the same year, she was appointed as the chief court administrator. She became a judge of the High Court in September, 2011.

In 2016, she was appointed by the CJ to serve as the deputy judge of the Anti-Corruption and Economic Crimes Division of the High Court, one year after it had been set up.

She is also the Treasurer of the Kenya Women Judges Association.