The hard part for new Chief Justice Martha Koome begins

Chief Justice Martha Koome after receiving instruments of power from Deputy Chief Justice Philomena Mwilu during her assumption of office ceremony held at CJ's Gardens, Supreme Court. May 24, 2021. [Jonah Onyango]

Chief Justice Martha Koome received the instruments of power from hitherto acting Chief Justice Philomena Mwilu.

These include the Constitution, judiciary flag and two major reports; Chief Justice’s report on the State of the Judiciary as of January 11, 2021 and as of May 24, 2021.

Koome succeeds David Maraga who left office in January 2021 after attaining the age of 70 years. Justice Maraga was at the helm of the Judiciary from 2016 following the resignation of then CJ Dr Willy Mutunga.

Koome has her work cut out, pushing through judicial reforms initiated by former CJ Willy Mutunga, most of which were actualised under Maraga. The difficult work for her begins, and it requires that she keeps her wits about her. Certainly, it will not be a walk in the park.

Some of the key areas in which she should direct her energies include clearing case backlogs that end up denying justice to those who seek it, and pushing through the pending appointment of 40 judges earlier approved by the Judicial Service Commission for appointment upon presidential accent. Without adequate judicial officers, Kenyans' quest for justice will remain a far cry.

Rent-seekers

A number of judicial officers have come under the spotlight for corruption, something that has eroded the standing of the judiciary in the eyes of the public. Koome has a duty to confront this ogre head-on and rid courts of rent-seekers who give it a bad name. Like Caesars wife, the Judiciary must be above reproach to win the trust of Kenyans.

Koome takes over the judiciary at a time that its relationship with the other two arms of government, the Executive and Parliament, are not at their best. The matter of low budgetary allocations by Parliament have put the Judiciary and Parliament on a collision path for many years. The principal of separation of power among the three arms of government must be upheld, yet doing so should not be allowed to upset their complementary roles in ensuring good governance.  

As we approach the 2022 elections, it is the expectation of Kenyans that the Judiciary will act as an independent and fair arbiter in cases that might arise out of contested elections. Electoral contests are normal in any democratic society, but if not handled properly, can tear a country apart. The years 2013 and 2017 offer us lessons in the critical role that the Judiciary plays in holding a country together.

We wish Justice Koome godspeed as she now gets down to work.