This is the legacy that Chief Justice Koome would like to leave behind

Kenya’s governing system, seemingly copied from the United States, has three branches of government called Executive, Legislature, and Judiciary that are autonomous, interdependent, and theoretically check each other. In reality, however, the Executive overshadows the others and the Judiciary is the weakest because it relies on the other two for resources and enforcement. It often plays safe because, as one judge commented in the 1980s, it does not exist in a political vacuum. In those days the President appointed the Chief Justice and other judges as he wished, and most judges knew their place. The Judiciary, therefore, struggles to assert independence in the midst of political mischief.

There, however, are times when judges show independence of mind, outwit Executive political schemes, appear to uphold the rule of law, and increase public trust. But there also are times when things do not look good. Chief Justice Chunilal Madan still gets accolades for his independence in handling the Stanley Githunguri case. The Judiciary, operating in a political environment, often finds itself balancing expectations. Willy Mutunga, the first Chief Justice under the 2010 Constitution, complained that some NGOs/Civil Society behaved as if they owned him because he used to be one of them. David Maraga, facing the wrath of President Uhuru Kenyatta’s promise to ‘re-visit’, complained of being denied appropriate respect as Chief Justice.

Although Chief Justice Martha Koome has similarly complained about other branches of government mistreating and lacking respect for the Judiciary, she has gone beyond complaints and established a legacy as a judicial reformer. She made this clear in a conference on reconceptualisation of SDGs at St Paul’s University which is trying to expand its academic offerings beyond its original theology and preacher training mandate. It wants to train lawyers and Koome, as Chief Justice, was just the ideal ‘guest’ to endorse the idea.

Although St Paul is not the only private university trying to expand its academic offerings, it created an enabling environment for Koome to express herself. USIU, for instance, offers ‘criminal justice’ and also wants to get into law. Youngish Strathmore already has law, some theology, and aspires to challenge USIU dominance in International Relations. The attraction of International Relations and Law is probably due to the unravelling of intriguing world and local events which Koome understands well. She wants to create an atmosphere of accessibility which St Paul’s provided.

As Kenya’s third Chief Justice under the 2010 Constitution, Koome wants a legacy of good performance, uplifting the reputation of the Judiciary in the public arena, and as a person who simplified justice. Up to the time of Covid-19, she noted, the Judiciary had avoided the use of technology but that has changed as people can appear before court virtually  unlike before. It did not make sense, she asserted in answering a question from the audience, to deny a properly trained lawyer from an accredited university entry into the Kenya School of Law on account of primary or secondary school performance.

She suggested that the Attorney General approaches Parliament to amend the prohibiting law. Her deep interest, however, is in promoting alternative dispute mechanism so as to minimise litigation hustles. Alternative mechanisms consume less time and money and leave all the parties in disputes relatively satisfied. She also responded to allegations of judicial corruption, pleading with the public to provide the evidence on which to act on. Many judicial officials, she said, had been dismissed without publicising the action taken to make the Judiciary honourable. A corrupt officer is incapable of dispensing justice, she said.

Koome wants a good legacy. Trying to demystify the Judiciary, she offers a friendly alternative dispute settlements mechanism. Her success, however, depends on the public perception of the credibility of her Judiciary. If they appear to be fair and independent, she will achieve her dream.