You’re in safe hands, incoming Chief Justice assures Kenyans

Immediately the Judicial Service Commission (JSC) announced that Martha Koome was the nominee Chief Justice, her world changed from that of a Court of Appeal judge.

Her phone was busy, engaged with numerous calls such that reaching her took a while. She was yet to process that she had earned a title - Madam Chief Justice - a first for Kenya.

Our conversation was short and she assured all was well for Judiciary and the country. “You are in safe hands and I thank God you prayed for me,” she said yesterday.

During the interview to pick retired Chief Justice David Maraga’s successor, JSC Commissioner Macharia Njeru asked Koome whether she would go slow in her fight against rights abuses.

Koome promised that she will not extinguish the light if she gets the top seat, but would carry on as she did in the 90s when she headed Federation of Women Layers (Fida).

Although she has risen up the ladder to the top court, her past is similar to that of former Chief Justice Willy Mutunga. Kenya has two CJs who have roots in civil society.

Her in-tray has the unresolved stalemate between the Executive and Judiciary of 41 judges yet to be appointed by President Uhuru Kenyatta, who has to date not acted on the names sent to him by the JSC.

In court, Uhuru argued it would be irresponsible on his part to appoint the judges who enjoy security of tenure given the integrity concerns and revealed he will ask relevant authorities to take “legal and administrative” action.

INTEGRITY CONCERNS

Head of Public Service Joseph Kinyua filed an affidavit on behalf of the president in response to the suit, in which he revealed the integrity concerns against some of the nominees.

“I am aware that the recommendation by JSC may be subject to review by either the court or JSC in appropriate cases. Consequently, it would be remiss for the president to appoint judges without contemplating on the impact to the principles of good governance, integrity, accountability, public participation and sustainable development,” the reply by Kinyua read.

But Koome now says she will ask the president to appoint the judges.

Other tasks awaiting her are access to justice, handling corruption in and out of the Judiciary, improving ICT, reducing cases backlogs, digitisation, and leadership and governance.

However, the Executive is tightening the funds to run courts and offer more jobs, something that had led to a frosty relationship between Maraga and the Executive.

In the past three financial years, Judiciary hoped to get at least Sh90 billion to keep the wheels of justice oiled. In 2016/2017 the CJ asked for Sh23.3 billion while in the subsequent year, the Judiciary needed Sh35.9 billion. In 2020, it had sought Sh31.1 billion.

Last year, Maraga asked to be given at least Sh75 billion, which is 2.5 per cent of the Sh3 trillion budget. He even proposed that the funding could be gradual, from 1.5 per cent. He projected that each county will have a court house in 10 years if Treasury allocates Judiciary Sh5 billion for development.

“Even though the Judiciary is an arm of Government, it is not demanding much. Out of a budget of about Sh3 trillion, give us just 2.5 per cent and we will dispose cases within two years of their filing. Give us a development vote of about Sh5 billion a year and we will construct courts all over the country in 10 years,” pleaded Maraga.

But Judiciary only got half of the loaf, or Sh47 billion, to work with for the three years.

To construct courts in the 47 counties, Judiciary got Sh50 million. Currently there are 38 ongoing court constructions, 17 of which are funded by the Government and the rest through a World Bank loan facility that expires later this year.

ARCHAIC COURTS

While three court buildings were completed this year, none of them were from the GoK-funded list. According to the senior judge, in some courts, people are listening to cases through the windows while other court houses are archaic and dilapidated.

It emerged that National Treasury was unwilling to commit itself on construction being financed by World Bank at Sh11.5 billion.

In 2018, part of the loan, Sh5 billion, had been advanced and an additional Sh2 billion was expected to have been disbursed by December the same year.

But Treasury, which had guaranteed the loan, is yet to work out on release of the balance despite the agreement expiring this year.

“The repercussions for this are unimaginable, with a flood of incomplete projects across the country. World Bank funding through which 29 of the projects are financed expires in December and there seems to be no willingness to extend it,” the CJ said in last year’s address.

The deal between Kenya and the World Bank ends in 2020, and Maraga has 21 incomplete court houses. He pleaded with Parliament to allocate funds as the progress so far will stall.

The main casualty in the cut was ICT, whose Sh400 million allocation had been scrapped off. 

And during the interviews, Koome said she will first ensure that the Judiciary clears the backlog of cases. She acknowledged the number of undetermined cases in courts across the country was an incessant problem.

The judge is an insider, having risen through the ladder from a magistrate to a Court of Appeal judge. She has been in the Judiciary for 18 years. According to her, human capital and funding will also be among the issues she expects to encounter.

“Human capital is at 56 per cent and we have a deficit of 44 per cent. We also have budgetary constraints as Judiciary received 0.86 per cent of the national budget,” she said.

Koome is known for advancing women’s and children’s rights. Her former client Priscila Echaria set the benchmark for matrimonial property rights.

“I am an all-rounder but what pricked my conscience is the abuse of women and children’s rights…If there is no peace at home, you cannot thrive anywhere. Children’s rights were scattered in 17 statutes. Today, we have the 2010 Constitution but children’s rights have not been reviewed to be in line with the Constitution,” she had said.