Katiba at 10: Judiciary, LSK reflect on gains, losses

August 27, 2020 marks 10 years since the promulgation of the Kenyan Constitution at Uhuru Park, Nairobi. 

As such, both the Judiciary and Law Society of Kenya commemorated this day, celebrating the fruits of freedom, justice and democracy that have been enjoyed in the past decade and shaped a new system of governance.

Chief Justice David Maraga (pictured) said, “The realization of constitutional nirvana does not come entirely from a single day event, but form the unwavering dedication of many stakeholders who must protect it and nurture it into a national way of life,” said CJ Maraga.

The CJ was speaking at The Supreme Court in Nairobi, during the launch of the Alternative Justice System (AJS) policy that is aimed at easing the backlog of cases.

His sentiments were echoed by Deputy Chief Justice Philomena Mwilu who sees the Constitution as a liberation tool, not only for the people but also the Judiciary.

“As judges and magistrates, the 2010 Constitution gave us a belief and courage that we had not known before. Our certainty and confidence in the contents of its 18 chapters gave us the will to do what might have been unpopular but was constitutionally right,” DCJ Mwilu said.

At a similar event on Thursday Morning at the Holy Family Basilica, Nairobi, Law Society of Kenya (LSK) President Nelson Havi urged every citizen to be responsible for the actualization of the Constitution.

“The question as to whether good or bad laws have been made in the past ten years is for you to answer. If you are satisfied, pat yourself on the back. You elected good leaders. If you are dissatisfied look down in shame, you elected bad leaders. There is hope however if we all uphold the constitution and act responsibly in future in so far as lawmaking is concerned,” said Havi.

The AJS policy will allow Kenyans to access justice outside the court system.

It has its roots in age-old traditional justice systems by Kenyan communities that have upheld and continue to uphold justice in the country.

Maraga also added that the judiciary has been on the verge of reforms for a decade now. “While justice dispensed by the courts has occupied the center stage in the administration of justice, the reality is that the vast majority of disputes, as much as 30 per cent are resolved through justice systems that are outside the formal court process,” he said.