Chief Justice Martha Koome has affirmed that the Judiciary is independent in the execution of its mandate of justice to all.
The CJ said that Judicial independence is not just a catchphrase but a fortress that protects the rule of law and the promise of justice.
She said the Judiciary is a full and equal arm of government and a stabilising force of governance and nationhood.
"It is the duty of the government and all and sundry to promote constitutionalism. Acts of corruption or other unethical conduct by a Judge or Judicial Officer that fall short of the law are unacceptable and indeed illegal, if not criminal,” she said.
Koome spoke at the close of the virtual 2023 Annual Judges’ Colloquium Friday afternoon.
She pointed out that if any person or body has a complaint against a Judge or Judicial Officer, the complaint mechanism is well set out under Article 172 (1) (c) of the Constitution. That is the only procedure that is applicable.
"I therefore want to assure Judges and Judicial Officers that the leadership of the Judiciary is fully committed to promoting and protecting judicial independence and autonomy,” Koome said.
The CJ called on litigants and other parties with information or evidence on corruption to present it according to the law.
"I also need to mention that Chapter Six of the Constitution on Leadership and Integrity is replete with provisions to combat impunity and lawlessness."
The head of the judiciary concluded by stating that the emerging jurisprudence showed that law is not a static instrument, but a dynamic force.
She said as custodians of the law, it is their duty to ensure that interpretation and application of it evolve in tandem with the changing social realities and complexities of our times.
The theme for this year's Annual Judges’ Colloquium was ‘The Judiciary's Role in Realising the Social Transformation Promise of the 2010 Constitution.’
Koome said the theme was a call to action, a rallying cry for each of them to move beyond the traditional boundaries of their roles and become active enablers of the societal transformation that the Constitution envisions.
"Judges delved deeply into the need to safeguard judicial independence at the colloquium, recognising that without this bedrock principle, our aspirational goals for a more equitable society remain but a distant dream," the CJ stated.