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Social Transformation Through Access To Justice

The document outlines Hon. Justice Martha Koome's vision for social transformation in Kenya through enhanced access to justice, emphasizing the Judiciary's role in empowering vulnerable groups and ensuring constitutional promises are realized. It highlights the need for an independent, efficient, and accessible judicial system that fosters public trust and addresses systemic barriers to justice. The vision aims to create a collaborative framework for judicial reform over the next decade, focusing on inclusivity, transparency, and social justice.

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0% found this document useful (0 votes)
95 views26 pages

Social Transformation Through Access To Justice

The document outlines Hon. Justice Martha Koome's vision for social transformation in Kenya through enhanced access to justice, emphasizing the Judiciary's role in empowering vulnerable groups and ensuring constitutional promises are realized. It highlights the need for an independent, efficient, and accessible judicial system that fosters public trust and addresses systemic barriers to justice. The vision aims to create a collaborative framework for judicial reform over the next decade, focusing on inclusivity, transparency, and social justice.

Uploaded by

omariawesley90
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Social Transformation

through Access to Justice


1

Social Transformation
through Access to Justice

[Link]
Social Transformation Social Transformation
through Access to Justice through Access to Justice
2 3

VISION

Social Transformation
through Access to Justice

By

Hon. Justice Martha Koome, EBS


Chief Justice & President of the Supreme Court of Kenya

September 2021

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CONTENTS
Chapter 1
1.0 INTRODUCTION 6 B. An Inspired Team of Judges,
Background 7 Judicial Officers, and Judiciary Staff
Committed to Excellence in the
Chapter 2 Delivery of Justice 28
2.0 MY VISION: SOCIAL C. Strengthened Financial Mechanisms
TRANSFORMATION THROUGH that Support the Independence and
ACCESS TO JUSTICE 11 Integrity of the Judiciary 34
2.1 The Social Transformation D. Deepened Partnerships that Enhance
Promise of the Constitution of Coordination in the Administration of
Kenya, 2010 14 Justice 38
2.2 Guiding Principles and Outcomes of E. Enhanced Public Trust and Confidence
the Vision 16 in the Judicial System 43
2.3 Key Outcomes and Expected
Results 17 Chapter 4
4.0 CONCLUSION 45
Chapter 3
3.0 REALISATION OF SOCIAL Chapter 5
TRANSFORMATION THROUGH 5.0 WAY FORWARD 46
ACCESS TO JUSTICE 19 Hon. Justice Martha Koome, EBS
A. A Strong Institution that is Accessible, Chapter 6 Chief Justice & President of the Supreme Court of Kenya
Efficient and Protects the Rights of 6.0 WORK PLAN 47
all especially the Vulnerable 22

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1.0 Background

On 21st May 2021, I took the oath of office as Kenya’s 15th Chief Justice following
a transparent and competitive recruitment process by the Judicial Service
Commission.

Introduction After 100 days in office, I share with Kenyans my vision for a Judiciary that is
independent, efficient, accessible, responsive to the aspirations of Kenyans
and a true guardian of the rule of law.

This vision builds on the previous


achievements and reforms in the Judiciary
as contained in preceding Judiciary
blueprints: The Judiciary Transformation
Framework (JTF) (2012-2016) spearheaded
by Hon. Chief Justice (Rtd) Dr. Willy Mutunga
and the Sustaining Judiciary Transformation
(SJT) (2017-2021), developed under the
leadership of Hon. Chief Justice (Rtd) David
Maraga. This vision also aligns with the
Judiciary Strategic Plan (2019-2023).

Launched in the aftermath of the promulgation of the Constitution in 2010,


the JTF set out an ambitious transformation agenda to meet this historical
moment. It delivered on this mandate by improving infrastructure, institutional
culture, staffing processes, training, technology, and policies.

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During the first 10 years under the 2010 Constitution of Kenya, reforms in the
A Judiciary in Progressive Transformation Judiciary were inward looking, largely focused on the institution itself. My vision
moves the focus of judicial reforms outwards, with a deliberate focus on social
transformation, directed towards the realisation of the social justice vision
of the Constitution while building on the gains of the last decade. I believe
that this approach will result in a stronger, independent, and more efficient
Judiciary and an empowered citizenry.

JUDICIARY TRANSFORMATION IN PERSPECTIVE

Sustaining Judiciary
Laying the foundation A judicial system that is JUDICIARY
transformation for
for Judiciary easily accessible TRANSFORMATION
service delivery.
transformation. to all citizens and vulnerable
Improvement FRAMEWORK
Institutional Building groups and judicial
of work methods, JTF and the SJT
and Capacity processes that lead
operationalisation
enhancement of development systems,
to results that are focused on revitalising
individually and socially just. the performance of the
enhanced accountability.
judiciary through an
intensive culture and 2012-2021
institutional leadership reform.

The SJT built on the successes of the JFT by focusing on enhanced service delivery, THE MIDDLE GROUND
placing an emphasis on improving the speed and quality of service delivery by My Vision addresses the doorways of justice
increasing efficiency and effectiveness at both the individual and system levels. with the intention of bridging this mid-way point.

Social Transformation
through Access to Justice
Despite these successes, challenges remain including access to responsive
SOCIAL TRANSFORMATION THROUGH ACCESS TO JUSTICE
justice, case backlog, and accountability. Addressing these challenges will require
Expanding Doorways of Justice to
an approach which builds on the gains made and charts a path that ensures that secure social transformation.
the Judiciary is an institution that is truly accessible, meets the public’s needs and
inspires confidence. 2022-2032

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2.0 MY VISION: SOCIAL TRANSFORMATION THROUGH ACCESS TO JUSTICE

My vision for the Judiciary is anchored on the mantra of “Social Transformation


through Access to Justice (STAJ)”. This vision is borne out of the reality

My Vision: Social Transformation that justice is cross-cutting; broad and multi-faceted. It is a natural desire, a
legitimate expectation of every citizen to be treated justly. I consider all people

through Access to Justice


as stakeholders in the delivery of justice. At the Judiciary, we believe that
people are our greatest asset.

The overarching concern and normative commitment of my Vision for the


Judiciary emerges from my view that
the Constitution vests the various duty
bearers including the Judiciary with the
mandate of advancing the common good
and overcoming exclusion.

Following from this, my Vision is informed


by the understanding that the struggle
for social transformation did not end with
the passage of the 2010 Constitution or
enactment of laws to give effect to its aspirations; the struggle continues
with the enforcement of the Constitution. This brings the Judiciary to focus
as it has been vested with the central role to ensure that the promises of the
Constitution to the Kenyan people, are realized. To this end, litigants and various
vulnerable groups and individuals, for example, children, persons living with
disabilities, the youth, minorities and marginalised groups, and older members
of the society whose rights and interests have been habitually disregarded or
minimalised need to access the judicial system easily and efficiently to claim
their rights and interests. This vision therefore seeks to widen the doors of
justice to all Kenyans and all vulnerable groups.
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Nyahururu Law Courts adopts innovative ways to


facilitating vulnerable groups access services at
the court. The group includes the elderly, nursing
mothers, children, persons with physical disability
and expert witnesses.

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This vision will be the basis for the Judiciary’s 10-year blueprint that will be Offices, entrenches the practice of checks and balances in the exercise
developed through a collaborative process involving internal and external of public power, and strengthens the ability of citizens to claim their
stakeholders. rights and freedoms.

2.1 The Social Transformation Promise of the Constitution The Constitution of Kenya, 2010 marks a shift from a traditional understanding of
the role of a constitution as being focused on prescribing checks and balances
My Vision is based on the social transformative promise which is the key on the exercise of government powers to one which supports a responsive
language of the Constitution of Kenya, 2010. Its intention is to sustain and State that is geared towards enhancing public welfare and constructing a
enhance the place of Kenya as a democratic, equitable, accountable, and socially just society.
participatory society. The Constitution is underpinned by several social
transformative features: In effect, the Constitution seeks to transform our political, institutional, and
societal reality by deepening democracy, combating exclusion and inequality,
i. It recognises a broad generation of rights including civil and political and protecting the vulnerable in our society. It imposes an obligation on State
rights; social, economic, and cultural rights, and group rights. and Non-state actors to pursue social transformation to build a socially just
ii. It celebrates diversity and provides special protection to vulnerable state and society.
groups that have been historic targets of discrimination.
iii. It elevates family as the foundation of the society and entrenches The guiding light that drives the Constitution’s quest for social transformation
children’s rights, persons with disabilities, youth, minorities and is the value and principle of social justice. This principle requires the Judiciary
marginalised groups. to play a role in the amelioration of the living conditions of the Kenyan people
iv. It expresses a strong commitment to equality, not only prohibiting that have been characterised by systemic economic disadvantages, injustice,
discrimination, but also mandating special affirmative action policies to oppression, stigma and discrimination of minority and marginalised groups
make equality real and effective. and other citizens in precarious situations. It is through the development of
v. It aims to expand and strengthen democracy by creating avenues for social justice jurisprudence that is sensitive to Kenyan social context and
citizen participation including through devolution of government and vulnerabilities of a large segment of the Kenyan population that the Judiciary
resources. will contribute to the protection and advancement of the transformative vision
vi. It seeks to infuse accountability, transparency, integrity, and of the Constitution of Kenya, 2010. To do so, the Judiciary must focus on the
good governance by strengthening the institutions of horizontal internal strengths of the workforce to deliver this crucial task and remain aware
accountability. In this respect, it safeguards the independence of the of the social and economic context in line with the Constitutional dictates of a
Legislature, Judiciary, Constitutional Commissions, and Independent just and equitable society.

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2.3 Key Outcomes and Expected Results
2.2 Guiding Principles and Outcomes of the Vision
Outcomes Expected Results
Based on the Constitutional underpinning defined above, Social Transformation
through Access to Justice is anchored on the following five (5) principles: Physical proximity to courts reduced to not more than 100km
A strong institution that
A High Court and Courts of equal status are established

1
is independent, accessible,
in every County
efficient, and protects
Magistrates Courts in every sub-County
i. Accessibility and Efficiency the rights of all especially
the vulnerable.
Trial cases completed in a maximum of 3 years and 1 year in
Appellate Court
ii. Transparency and Accountability Indigenous social justice jurisprudence developed
Expand doorways of justice by adopting multi-door approach
iii. Inclusiveness and Shared Leadership to access to justice
Corruption cases dealt with firmly and expeditiously
iv. Cooperative Dialogue Commercial disputes resolved expeditiously to promote ease
of doing business

v. Social Justice
An inspired team of Judges, A world-class Judicial Training Academy established

2
Judicial officers, and Judiciary Optimal staffing increased to at least 75% of recommended
The vision is intended to achieve the following outcomes Staff committed to excellence numbers
in the delivery of Justice. On the job training modules fully operational
100% compliance in filing returns
Institutionalize peer review processes.
I. A strong institution that is independent, accessible, efficient, and
protects the rights of all especially the vulnerable.
Judiciary Fund is operational
II. An inspired team of Judges, Judicial officers, and Judiciary Staff Enhance JFIMIS

3
Strengthened financial Optimise resource utilization and absorption
committed to excellence in the delivery of justice. mechanisms that support
the independence and
Resource mobilisation
Continued collaboration with development partners
[Link] financial mechanisms that support the independence Integrity of the Judiciary. Annual value for money audits confirm expenditure
All financial payments are cashless
and Integrity of the Judiciary.
IV. Deepened partnerships that enhance co-ordination in the administration
of justice. Statutory Framework to operationalize the National Council

4
for Administration of Justice
V. Enhanced public trust and confidence in the judicial system. Deepened partnerships that
enhance co-ordination in the Annual NCAJ conference with a robust implementation mechanism
administration of justice. Service weeks are institutionalized
Continued constructive dialogue with other core actors in the
Justice sector

Anti-corruption measures strengthened

5
Enhanced public trust and Effective procedures for holding Judiciary staff accountable
confidence in the judicial enhanced
system. The capacity of the Judiciary Ombudsperson strengthened
Seamless operational relationship between the Judiciary and JSC

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3.0 REALISATION OF SOCIAL TRANSFORMATION THROUGH ACCESS TO JUSTICE

In the exercise of judicial authority under Articles 1 (3) and 159 of the Constitution
and as the custodian of the Constitution as well as our democracy, the Judiciary
Realising Social Transformation has a special role to play in the realization of the constitutional promise of social
transformation. The Judiciary retains a critical role in empowering citizens and
through Access to Justice vulnerable groups such as children, persons living with disabilities, the youth,
minorities and marginalised groups and
older members of society to facilitate ease of
doing business for investors so as to further
the goal of establishing an egalitarian social
order through access to justice.

The Judiciary contributes to social


transformation by providing a forum where
the concerns of litigants, parties and
vulnerable groups are raised as legal claims
and redressed. In addition, the redress of
such legal claims ought to be individually
and socially just. A major challenge in achieving this objective is that access to
justice is still limited for certain sectors of the Kenyan society. This category of
persons includes those in most need of judicial protection, persons belonging to
vulnerable groups, who tend to lack the means to engage in lengthy and costly
judicial proceedings. It is for this reason that my vision is centred on delivering to
the Kenyan people an accessible, efficient, expeditious and cost-effective justice
system. This can only be enabled if systemic and informal barriers to access
justice are removed.

Court Users Committee meeting in Nyamira

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Old Makueni Law Courts New Makueni Court Complex

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These barriers include the high cost of litigation, delays in hearing and determination i. Standardization of service delivery across all courts from the Magistrates
of cases, the problem of backlog of cases, perceptions of corruption, lack of legal Courts to the Supreme Court. The experience a litigant should have before
awareness, and understanding the judicial processes including the right to appeal, the Supreme Court should be the same across the board in all the courts.
and geographical distance to court stations. I will lead the Judiciary to tackle the This will also involve the harmonization of all Registry Manuals into one
barriers that negatively affect the institution’s performance and enhance its role Standardized procedure document for all courts. What this means is that
as an efficient institution that enables economic growth and social stability. every Court and Tribunal will strive to be a centre of excellence in the
delivery of justice. The Supreme Court must therefore be the pace setter
My leadership approach will not only be introspective, but also outward looking. I and model for this excellence.
will seek to engage actors within the justice sector, and members of the public in a
dialogue to identify and address the real barriers to access to justice.

To realise the promise of Social Transformation through Access to Justice, the


following outcomes will be pursued:
Chief Justice Martha Koome
inspects a shelf of the
A. A Strong Institution that is Accessible, Efficient and Protects the Rights Standardized filing system at
Milimani Law Courts.
of all especially the Vulnerable

Ensuring that all citizens access justice through the Kenyan judicial system is
a constitutional imperative. In addition, access to justice fosters peaceful and
harmonious co-existence in the society, state stability, and business confidence in
Kenya as an investment destination that leads to the country’s economic growth.
To meet these objectives, I will seek to achieve the following outcomes:

A pile of files lies on the


floor of a Registry before the
Standardized filing system,
was adopted.

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ii. An informed and empowered citizenry that understands their rights,


the law, and mechanisms to obtain justice. The Judiciary will play a
role in equipping citizens with information on how to access justice.
This will involve distribution of education materials on judicial services
and court procedures and public sensitization through channels such
as radio programmes. The Judiciary will work closely with the National
Council for Law Reporting to ensure that the public easily accesses legal
information especially judgments and rulings from superior courts of
record, subordinate courts, tribunals, and other quasi-judicial bodies.

iii. Enhanced focus on people-centered service delivery: The vision lays


emphasis on higher standards of service and calls for a revamp of customer
service facilities to ensure that they are effective and efficient in dealing
with public inquiries and complaints. This will also build public confidence
and respect for judicial work. These efforts are intended to promote and
enhance awareness and understanding of the courts, its operations and
procedures. Thus, customer service will be an integral part of the judicial
process to meet the growing needs of a more dynamic court environment.

The Judiciary has installed a


public information kiosk
facility at Milimani Law
Courts to enhance service
delivery to clients.
The facility has an English
and Swahili service and
enables Judiciary clients to
search dates for their cases
online.

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vi. Developing indigenous social justice jurisprudence: The thread that runs
iv. A multi-door approach to access to justice: This vision seeks to
through the entire Constitution anchored right from the preambular paragraphs
expand the doorways of justice through supporting multiple channels
to the Bill of Rights, is that Kenyans intended to create a caring, humane,
for addressing grievances through institutions such as Small Claims
egalitarian, and just State and society. This emancipatory promise of the
Courts, Tribunals, Alternative Justice Systems, and Alternative Dispute
Constitution resonates with the communitarian ethos of Kenyan communities
Resolution mechanisms. These have significant potential not only to
in which the ethic of “utu” is venerated and informs decisions by individuals and
relieve courts, but to deepen the substance of justice provision within
the community. In the exercise of judicial authority in a manner that protects
the Judiciary. To encourage an optimal uptake of these alternative
and promotes the Constitution, the Judiciary must develop and be guided by a
mechanisms of access to justice, we intend to provide mediation and
Jurisprudence of Social Justice.
alternative justice system suites in all court stations where we have the
requisite physical infrastructure. In addition, Small Claims Courts will be
vii. Improve proximity to courts: To ensure physical access to justice for individuals
used as a special vehicle by the justice system to reach more people and
and vulnerable groups, I will seek to reduce the proximity of courts to less
enable them to access justice in a simple, cost-effective, and expeditious
than 100 kilometres; establish and operationalise a Magistrates’ Court in each
way.
sub-county/constituency; and a High Court and courts of equal status, in each
county. In addition, we will use Huduma Centers and Constituency Innovation
v. Leveraging technology for productivity. Technology will be applied
Hubs to facilitate access to justice. We will deploy Virtual Registries, Virtual
to improve case management and all aspects of service delivery. The
Courts and Mobile (SMS/eCourt Mobile App) platforms in remote areas which
Judiciary Case Management Systems will be enhanced and implemented
with internet connectivity but which lack infrastructure for court buildings as a
to automate all the Court processes from case registration to conclusion
strategy to deploy judicial services at minimum costs.
and will be implemented to support the management of court stations.
An information dashboard containing caseload trends statistics and
viii. Reduce case backlog: To ensure expeditious justice to litigants, I will champion
the status of courts across the country will be utilized to make quick,
a drive to ensure that no court case takes more than three (3) years in a trial
deliberate, and accurate decisions to support docket management and
court, and no court case takes more than one (1) year in an appellate court. All
institutional efficiency. The key thrust of this approach will be to entrench
cases filed in Court will be under active case management being reviewed by
virtual court services, e-filling, case tracking and automated feedback
the Registry, Registrars, Magistrates or Judges as the case may be.
and update mechanism to litigants, digitising case management
processes, co-developing multiagency systems, and digitising court
administration and corporate services.

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B. An Inspired Team ii. Fostering a shared leadership approach: This will guide Courts to
of Judges, Judicial innovate unique interventions suitable to their circumstances that
Officers, and improve their efficiency in service delivery. Shared leadership envisages
Judiciary Staff that to have “courts of excellence”, each Judge or Judicial Officer is
Committed to encouraged and supported to innovate and adopt measures to increase
Excellence in the their efficiency in collaboration and consultation with court users. Courts
Delivery of Justice will be encouraged to adopt innovative methods for judicial management
of cases that assure higher-quality service. Judges and Judicial Officers
Any system is only as will be supported to take a more active role to manage and monitor
good as the people who their cases including; broader application of pre-trial conferences to
run it. To ensure optimal delineate and narrow issues for adjudication, enforcement of a strict no
performance, focused adjournment policy, reviewing obsolete language that has contributed
action will be geared to delays such as “matters being stood over generally,” enforcement
towards ensuring that there is adequate of punctuality at court sittings, hearings to be conducted beyond
human resource capable of delivering on the official hours when necessary, embrace of information technology, and
institution’s mandate. Emphasis will be put to inculcating a culture in
attract and retain the best talent, upgrade core competencies of all staff, and favour of change within
develop the incentives and esprit de corps required to have Judges, Judicial courts stations and
Officers, and staff prepared to meet the needs of the contemporary judicial positive disruption that
world. To achieve this outcome, the following will be pursued: extends to the bar and
other court users.
i. Continued training for Judges, Judicial Officers, and Staff: This will
be done in collaboration and consultation with the Judicial Service
Commission and will be geared towards ensuring that the judicial system
is responsive to the grievances voiced by citizens and vulnerable groups
and will be aimed at enhancing the skills and capacity of judges and
judicial officers and improving judges and judicial officers’ sensitivity to
the Constitution’s social transformation agenda. From left to right, the top leadership of the Judiciary:
Deputy CJ Philomena Mwilu; CJ Martha Koome; and
CRJ Anne Amadi.

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Moyale Law Courts Principal


Magistrate Hon. Edward Too presides
over cases via video conference
linked to Moyale Police Station.

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iii. Inclusive decision-making: All categories of internal stakeholders will v. Enhance results-based management: In line with the culture of
be involved in decision-making bodies and forums, thereby ensuring that accountability and results-based management engendered in my
all relevant stakeholders actively contribute to reviews and discussions vision, performance-based systems and peer review that involves
on initiatives to be adopted to ensure realization of the goal of delivering a reward system for high performers will be institutionalized. This
an accessible, efficient, cost-effective, expeditious justice system. will be undertaken in furtherance of the goal of building a culture of
excellence and commitment to access to justice.
iv. Entrench individual
responsibility
vi. Establishment of a world class Judicial Service Academy: The
of Judges and
Judiciary will collaborate with the Judicial Service Commission
Judicial Officers:
to establish a world class Judicial Service Academy that fosters
The Constitution
contemporary approaches to judicial training.
empowers Judges
and Judicial
vii. Develop a change management programme: To support transformation
Officers to exercise
of all the court services online, the Judiciary will support training for all
judicial authority
internal stakeholders to embrace and own the institution’s digitisation
emanating from the
agenda. This will be enhanced by the development of an eLearning
people. Judges and
platform for all courses developed by the Judiciary Training Institute.
Judicial Officers are
encouraged to take
personal initiative
and responsibility to
ensure that justice is not delayed. In furtherance of this goal, Judges
and Judicial Officers are encouraged to actively review the progress
of a case within their docket from its commencement and should be
ready to impose appropriate sanctions whenever it appears that the
parties are not conducting their proceedings expeditiously. They are
also expected to deliver their judgments and rulings without delay.

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C. Strengthened Financial Mechanisms that Support the Independence


(v) Collaboration with donor agencies and development partners to
and Integrity of the Judiciary
reinforce the Judiciary’s financial ability to implement its access to
justice interventions and programmes.
The Judiciary requires adequate resourcing to undertake and facilitate judicial
activities across the country. Established practice in other jurisdictions
(vi) Timely settlement of financial obligations to ensure that litigants and
indicates that the Judicial Arm of Government should receive at least 2% of
service providers to the Judiciary are served optimally.
the national budgetary allocation. I envision a Judiciary that is adequately
financed and accountable for the funds allocated to it. To achieve this goal,
(vii) Enhanced audits: Internal audits will continue to be carried out
the following interventions will be pursued:
to confirm that risk management, governance and internal control
processes are operating effectively. Further, value for money audits will
(i) Operationalise the Judiciary Fund to safeguard the financial and
be carried out annually to confirm that funds are used economically,
operational independence of the Judiciary.
efficiently, effectively, and equitably.

(ii) Operationalise the Enterprise Resource Planning to increase


organizational efficiency by managing and improving how resources are
utilized. This will ensure all financial mechanisms from payroll, court
fees, allowances and all payments will be done online and cashless. The
ERP solution will also deliver a paperless process for all the support units
which include Library, Customer Care, HR, Supply Chain Management
and to support court services effectively and efficiently.
(iii) Optimise absorption and utilization of the funds allocated to the
Judiciary.

(iv) Enhance Resource mobilization from the government through robust


engagement with the National Treasury and Parliament during the
budget making process.

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Chief Justice Martha


Koome dialogues with
CS Fred Matiangi on the
sidelines of a consultative
meeting between JSC and
the Ministry of Interior and
Coordination of National
Government.

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D. Deepened Partnerships that Enhance Coordination in the To achieve this outcome of enhanced co-operative dialogue, I propose to
Administration of Justice pursue the following interventions:

The Constitutional obligation to ensure (i) Engage the Executive and Legislative Arms
access to justice under Article 48 of the of Government to fulfil their mandate of
Constitution imposes an obligation on all ensuring that the Judiciary is adequately
state organs to ensure access to justice funded to support its functions. The
for all. Article 6 of the Constitution Executive and Legislative branches of
emphasizes that in delivering access government play a key a role in ensuring the
to services to the Kenyan people, allocation of adequate financial resources
State institutions should conduct their to the Judiciary to enable investment in
relationship based on consultation and the requisite physical infrastructure and
cooperation. Article 21(1) imposes a duty acquisition of human resources that would
on every state organ to realize rights enable courts to operate optimally.
and fundamental freedoms, including
the right to access justice. His Excellency Hon. Uhuru Kenyatta, CGH, President
of the Republic of Kenya with the Hon. Chief Justice
Martha Koome moments after her swearing-in at State
House, Nairobi.
We will engage
with other
agencies
through
cooperative Hon. Chief
dialogue to Justice Martha
Koome confers
ensure that with National
Assembly
we have Speaker Justin Hon. Chief
adequate court Muturi during Justice Martha
her assumption Koome with
infrastructure of office Senate Speaker
throughout the ceremony at Kenneth
the Supreme Lusaka.
country. Court.

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(ii) Deepen partnerships at the county level: Governors, Members of the constitutional obligation of ensuring that the right of access to justice is
Senate, Members of the National realised. Additionally, engagement of the private sector through public-
Assembly and County Assemblies private partnership models will provide avenues to assure institutional
are crucial partners in supporting agility and extensive symbiosis, of systems or best practice, to modernise
the Judiciary to solve the and optimise judicial systems for service delivery.
infrastructural challenges that
(iv) Strengthen public engagement to ensure the courts are more engaged
have hampered the full realization
with the concerns of court users and the public. In the pursuit of the
of the right of access to Justice.
objective of ensuring that each court station becomes a “centre of
We will therefore focus on building
excellence”, broad stakeholder participation will be encouraged through
strong partnerships with County
the existing Court User Committees in charting unique interventions for
Governments and other leaders
each court station to improve productivity.
at the local levels to secure
collaboration towards acquisition
of land to institute Judiciary infrastructure in hard-to-reach areas. To
reduce the physical distances traveled by Kenyans to access avenues of
justice, the Judiciary will endeavour to complete the processes started
by the JTF and SJT to establish a High Court in every County and a
Magistrates’ Court in every Constituency. The Judiciary will also explore
partnerships to power the intention to roll out Small Claims Courts
throughout the country broadening the doorways of justice even closer
to the people.

(iii) Encourage multi-actor collaboration: The Constitution envisages


a cooperative relationship between the Judiciary and other State
institutions. This does not mean that the Judiciary relinquishes its
independence, rather, this approach recognizes that it is only through
coordination of the activities of actors in the Justice Sector, that we
can attain efficiency and resolve systemic problems in the pursuit of the

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(v) Strengthen the National Council on the Administration of Justice In addition, I will convene members to establish an integrated automation
(NCAJ) as a coordinating entity for the justice sector. The Justice Sector of all systems deployed by the member organizations of NCAJ i.e., National
actors and the Bar are brought together by the NCAJ whose mandate Police Service, Attorney General’s Office, Office of the Director of Public
is derived from the Judicial Service Act, specifically Sections 34-37, to Prosecutions, Children Office, Probation Office, and Kenya Prisons. This will
coordinate the administration of justice and reforms in the justice sector be geared towards having an Automated Integrated Justice Sector Case
THE JUSTICE SECTOR ACTORS
in an efficient, effective, and consultative manner. Management System that is active across the country.

E: Enhanced Public Trust and Confidence in the Judicial System


POLICE OFFICE OF THE
NON-STATE ACTORS
DIRECTOR OF PUBLIC
PROSECUTIONS (ODPP)
Public trust and confidence in the justice system are critical ingredients to
ensure that the citizens know and are confident that they have a stake in a
MINISTRIES
DEPARTMENTS AND JUDICIARY justice system that is responsive to their needs. To enhance public trust and
AGENCIES confidence, the following interventions will be pursued:
THE JUSTICE
SECTOR (i) Enhance transparency and information sharing to meet the
CHAIN
demands for public involvement. Strategies for enhanced
transparency and communication will be deployed to explain the
PRIVATE SECTOR PROBATIONS AND initiatives being undertaken to improve the justice system and to
AFTER CARE SERVICE
resolve concerns and misunderstandings that tend to arise due to
paucity of information. Providing the public with information on cases
OFFICE OF
COMMUNITY will be geared towards ensuring that the public is informed about the
PRISONS SERVICE ORDER
THE ATTORNEY Judiciary’s activities and functions. Improved communication is also
GENERAL (OAG)
intended to facilitate public accountability of the Judiciary’s work.

To enhance coordination, the NCAJ actors will collaborate to roll-out a (ii) Enhance the performance of complaints handling mechanisms.
legislative framework to streamline the structures within the National Council To increase public confidence and trust in the judicial system, I
on the Administration of Justice (NCAJ) with the goal of empowering the NCAJ will work in collaboration with the Judicial Service Commission to
with clear structures, modalities, and budget lines to manage coordination of ensure that complaints handling mechanisms operate efficiently.
the entire Justice sector. The public, Judges and Judicial Officers deserve quick resolution of

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complaints. To this end, the complaints handling mechanisms will
be revamped with the aim of adequately staffing the mechanisms to
enable them deal promptly with complaints. The efficient processing
and resolution of complaints against Judges, Judicial Officers, and
Judiciary Staff should have a prompt turnaround while preserving the
dignity of the parties involved.

(iii) Mainstream the principles of leadership and integrity in the


Conclusion
administration of justice. This approach will seek to strengthen
the culture within the institution where integrity concerns are at the
center of all decision-making including promotions and appointment
to leadership roles. This approach will seek to ensure that ethical
principles will be incorporated as part of the merit system and
4.0 Conclusion
performance evaluation within the institution.

Through this vision, I have painted a picture of the kind of Judiciary that I
(iv) Enhance the mechanisms of receiving feedback from Court Users
hope to see at the end of my tenure. I am alive to the reality that the journey
and Customers. This will be done through undertaking regular court The people of Kenya have
to attaining the envisioned Judiciary will be marked with challenges and
user satisfaction survey and analysis of information from customer showed great passion in
hurdles. I am also encouraged by the commitment exhibited by Judges,
care desks. Recommendations from court user satisfaction surveys championing and protecting
Judicial Officers and Judiciary Staff in the progressive reform process will
will be implemented. our Constitution and the
surmount these challenges.
promises it encompasses.
(v) Establishment and roll-out of a robust and secure Online Case Every person is charged with
Management System for handling complaints. Develop and The people of Kenya have showed great passion in championing and an obligation to respect,
implement Complaint Case Management System to facilitate a protecting our Constitution and the promises it encompasses. Every uphold, and defend the
paperless complaint handling mechanisms for the Office of Judiciary person is charged with an obligation to respect, uphold, and defend the Constitution.
Ombudsperson and in collaboration with the Judicial Service Constitution. There is something for everybody, we are all stakeholders in
Commission which allows complainants to track the progress of their this process and our collective efforts will be the fuel that drives the Justice
cases while preserving the confidentiality of complaints. This will sector to turn these aspirations into sustainable realities. Jointly, we will
also include the development and implementation of mobile services realise the goal of creating an accessible, efficient, cost-effective, fair, and
to facilitate case tracking for the public to increase transparency and expeditious system of justice.
access to information.

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Way Forward Work Plan

5.0 Way forward Social Transformation through Access to Justice (STAJ) Vision
STAJ-V Draft Vision outline developed Complete 7/30/21
This Vision lays the foundation to guide the development STAJ-V Outline approved by the Hon. Chief Justice Complete 8/6/21

of the next 10 year Judiciary Framework. The process of STAJ-V First draft of the Vision is shared with the Hon. Chief Justice for review Complete 8/13/21
STAJ-V Draft Vision is reviewed by the Judiciary Management Meeting Complete 8/19/21
developing this document encompasses a period of deep
STAJ-V Draft Vision is presented to the Judiciary Leadership Team Complete 8/23/21
internal consultations, stakeholder feedback and public STAJ-V Draft Vision is presented to external reviewers Complete 9/3/21
My approach will pursue participation. The nature of the intended outcomes will STAJ-V Updated Draft Vision is approved by the Hon. Chief Justice Complete 9/7/21
steady incremental require continued collaboration within the Judiciary, the STAJ-V Approved Vision is sent to the printers Complete 9/10/21
improvement, inspiring Justice Sector, across Government and with the Kenyan STAJ-V Social Tranformation through Access to Justice (STAJ) Vision is launched Complete 9/16/21
leadership, and personal people. It enlivens the spirit of cooperative governance Ten-Year Blueprint
responsibility to turn TYB Blueprint Drafting Committee is established On Track 9/16/21
mandated by our country’s democratic Charter and traces
this Vision into concrete TYB Facilitators appointed Scheduled 9/23/21
its impact through the Judiciary to the people of Kenya.
realities. We will be guided TYB Committee reviews STAJ Vision and develops the Blueprint Outline Scheduled 10/14/21
by the ethos of efficacy and TYB Internal and external stakeholder engagement to determine the core themes Scheduled 11/11/21
My approach will pursue steady incremental improvement, TYB Committee Drafts the Blueprint Scheduled 12/2/21
efficiency that have grounded
inspiring leadership, and personal responsibility to turn TYB Hon. Chief Justice reviews and approves the Draft Blueprint Scheduled 12/9/21
our people for generations,
especially those of unity, this Vision into concrete realities. We will be guided by TYB Coordinated institutio nal participation process to review the Draft Blueprint Scheduled 1/20/21
the ethos of efficacy and efficiency that have grounded TYB Public participates in reviewing the Draft Blueprint via Memoranda Scheduled 1/20/21
compassion, discipline,
our people for generations, especially those of unity, TYB Committee prepares the Final Blueprint for validation Scheduled 2/17/21
community, and dignity.
TYB Final Blueprint is presented to the Hon. Chief Justice for approval Scheduled 2/24/21
compassion, discipline, community, and dignity.
TYB Validation workshop Scheduled 3/10/21
TYB Judiciary Blueprint is officially launched Scheduled 3/31/21
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Notes

Chief Justice Martha Koome poses for a photograph with Alliance


Girls High School scouts shortly after a mentorship session. The
Hon. Chief Justice believes in inter-generational dialogue and
institutional co-leadership with children and young people.

If you want to go fast, go alone. If


you want to go far, go with others.
African Proverb.

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50

OFFICE OF THE
CHIEF JUSTICE
The Judiciary
Supreme Court Building, City Hall Way
P.O. Box 30041 - 00100, Nairobi Kenya
Tel: (020) 2221221 Email: info@[Link]
Website: [Link] [Link]

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