coffe table book judiciary aug 2015

A J o u r n e y T h r o u g h T i m e

KE

NY

A J

UD

ICIA

RY

A J

ou

rn

ey

Th

ro

ug

h T

ime

T H E K E N YA J U D I C I A RY

�e Kenya Judiciary at a Glance

REPUBLIC OF KENYA

T H E J U D I C I A R Y

Supreme Court Building, City Hall Way,P.O. Box 30041 - 00100, Nairobi, Kenya.

Tel: +254 20-2221221

[email protected]

The Judiciary

2

The Judiciary

3

A parade mounted outside

the Judiciary building

during colonial times.

The Judiciary

4

T H E J U D I C I A RY


Produced by Directorate of Public Affairs and Communication, Judiciary.

T H E J U D I C I A RY


The Judiciary of Kenya

Published by:The Judiciary of Kenya

P.O. Box 30041-00100, NairobiTel. +254 20 2221221

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the author,

except for the inclusion of brief quotations in a review.

Copyright © 2013 by Judiciary of Kenya: First Edition, 2013Published in Nairobi, Kenya

THE JUDICIARY

The Judiciary headquarters in Nairobi. The building former housed all Courts- Court of Appeal, High Court and Mag-istrates Court. The High Court was moved to Milimani Law Courts in 2011. It

now houses the Supreme Court and Court of Appeal an is the official seat to the Chief Justice.

8

The Judiciary

T a b l e o f C o n t e n t s

C h a p t e r 1 The Judiciary17 Introduction18 Court System26 The Supreme Court28 The Court of Appeal32 High Court32 The Employment and Labour Relations Court32 The Environment and Land Court (ELC)34 Subordinate Courts34 Resident Magistrates Court35 District Magistrates Courts35 Kadhi’s Court38 Court Martial38 Tribunals39 Judicial Service Commission40 Office of the Chief Registrar41 The Judiciary Ombudsperson42 Judicial Training Institute(JTI)43 National Council for Law Reporting 44 The National Council for Administration of Justice - NCAJ45 Judiciary Transformation Framework49 Pillar 1 and 2 - (Gallery Pictures)51 Pillar 3 and 4 - (Gallery Pictures)

F o r w o r dA c k n o w l e d g m e n tI n t r o d u c t i o n

16

The Judiciary

9

C h a p t e r 2 Kenya´s Judicial Heritage55 Introduction56 I. Traditional Legal Heritage58 Administration of justice in select ethnic groups in Kenya66 II - Colonial Legal Heritage70 III - Independent Kenya - Justice for Kenyans by Kenyans80 Gallery Pictures

C h a p t e r 3 Chief Justices Through the Journey89 Colonial Chief Justices90 Independent Kenya Chief Justices108 Vision109 Mission110 Mandate

C h a p t e r 4 Significant Events114 Gallery Pictures

145 Bibliography

54

88

114

10

The Judiciary

F o r e w o r d

Dr. Justice Willy Munyoki Mutunga, D. Jur, SC, E.G.H.Chief Justice/ President, Supreme Court of Kenya

The Judiciary

11

The Judiciary in Kenya has played a crucial role in shaping the character of the country through our system of courts that interpret and apply the law as well as providing

mechanisms for resolving disputes.

Within its mandate, the Judiciary has contributed to the protection of the vulnerable, the fight against unemployment, promotion of human rights, development of democratic institutions and the improvement of working lives of women and men.

Historically, the institution, has sometimes thrived, suffered setbacks, but survived to pursue its goals through the political and economic upheavals of the last 52 years. Some of the notable challenges it faced during this period include, political interference, corruption, high cost of litigation, delay in conclusion of matters and complicated court procedures. This in turn hindered access to justice, especially for the poor.

In light of these challenges, many Kenyans especially in the rural areas often resorted to the informal community justice systems to seek redress. These community systems have played a critical role in the quest for justice in Kenya. In this Coffee Table Book; ‘The Judiciary; A Journey Through Time,’ we celebrate them as we implement the ongoing judicial reforms that are transforming the Judiciary.

However, this rich heritage of Kenya’s Judiciary is scantly documented and hard to trace in various resource centres across the Country even when the cost of preserving this heritage far outweighs the price of losing the important historical part of the institution. In particular, the antiquities of the judicial system remain scattered in a number of book chapters, photographs as well as artifacts and folklore.

12

The Judiciary

It is from this premise that this book seeks to chronicle and preserve Judiciary’s rich heritage and document major historical landmarks. The book originates from the need to open up the Judiciary to the public in line with the Judiciary Transformation Framework, Judiciary’s blueprint for change. It was inspired by the need for the Judiciary to tell its own story in the spirit of the transformation framework.

This commemorative book marks an important milestone in the long and continuing journey of justice – the history of Kenya’s judicial system. Through pictures, anecdotes and brief narratives, the book navigates the fascinating stages of this extraordinary journey from the precolonial, colonial, independence and Africanisation of the Judiciary and the Post – Independence period.

In this book, we take the opportunity to look back – to reflect on past achievements and to seek wisdom of the ages for the journey that still lies ahead. We share the story of the quest for justice in Kenya. The book is a treasure box of memories and a beacon, marking an important turning point in our history as a nation.

The book explores the evolution of Kenya’s justice systems, explains the features of the Judiciary, gives a chronology of Chief Justices, de-mystifies the Kenyan court system and features a timeline of historic events that have shaped the Judiciary.

In many ways, this book is the story of Kenya through the eyes of the Judiciary. It portrays the cultural diversity and serves as a mirror, reflecting our achievements and shortcomings, but most importantly, underscoring our belief that peace and progress go hand in hand with justice.

I hope you will enjoy the read.

The Judiciary

13

A c k n o w l e d g m e n t s

The piecing together of this Coffee Table Book; ‘The Judiciary; A Journey Through Time,’ was a journey that involved many

players from within and without the Judiciary. All the institutions and personalities that contributed to writing this book, may not individually be acknowledged.

We are however indebted to all the institutions and individuals who supported, facilitated and contributed to this course. Their efforts immensely defined and gave life to the project.

In particular, we are humbled by the inputs of the National Museums of Kenya (NMK) and the Kenya National Archives and Documentation Service (KNADS). This provided a starting point that helped to lay a clear roadmap towards writing the Coffee Table Book.

Naim BilalDirector, Public Affairs

& Communication

Judiciary

We are also indebted to the Google search engine and the Judiciary’s Archives section for the invaluable information that fundamentally molded the publication.

We commend the Honorable Chief Justice, Dr Willy Mutunga, the Judicial Service Commission (JSC) and the entire Judiciary management for their goodwill, without which, this book would not have seen the light of day. I specifically thank the Chief of Staff in the Office of the Chief Justice Mr Duncan Okello who spared his time to spice up the content of the book.

We take pride in Mr James Nyaga and Mr Samson Malaki from the NMK, Bobby Pall, and Xochitl Ramirez from Bobby Pall Photography and my DPAC staff for successfully implementing this project. I commend Shikhutuli Namusyule, Zakheem Rajan and Lilian Mueni who were critical reference points throughout the implementation process.

The Judiciary

14

The Judiciary

15Right: The flag of the Republic of KenyaLeft: The Kenya Judiciary Official flag

The Judiciary

16

The Judiciary

C h a p t e r 1

The Judiciary

17

The Kenya Judiciary is one of the three arms of government established under

Chapter 10 of the Constitution of Kenya. At the time of the promulgation

of the new Constitution in 2010, the institution suffered from weak structures,

inadequate resources, diminished public confidence and deficiency in integrity

and weak public support that incapacitated it from fulfilling its mandate. This

radically changed with the passing of the new laws. The Judiciary Transformation

Framework laid a new foundation for the institution to enable it achieve its

constitutional ideals. The court system in Kenya is decentralized with the Supreme

Court and the Court of Appeal having their presidents as heads while the High

Court, a Principal Judge, as the head.

The Judiciary is entrusted with the mandate to carry out the following functions-

1. Administration of justice

2. Formulation and implementation of judicial policies

3. Compilation and dissemination of case law and other legal information

for the effective administration of justice.

These functions are discharged through: the Court Systems (structure), the

Judicial Service Commission and The National Council for Law Reporting.

Introduction

18

Court System

The courts under the new constitution operate at two levels: the superior

courts and the subordinate courts. The superior courts are the Supreme Court, the Court of Appeal and the High Court. The subordinate courts include the Magistrates Courts, Court Martial, Kadhi Courts and any other courts or Tribunals as may be established by an Act of Parliament.

The Supreme Court

The Court of Appeal

Chief Justice (CJ)/ President, Deputy CJ, 5 Judges

President Court of Appeal, Judges

The High CourtPrincipal Judge, Judges

Kadhi Court MagistrateCourts

Court Martial, other Courts

and Tribunals

Judges Advocates, Chairman and Members

Land and Environment CourtJudges

Employment and Labour Relashions Court

19

Distribution of Court Stations

Supreme Court

Court of Appeal

High Court

Magistrates Court

High Court Sub Registry

20

The Judiciary

he Judiciar y :T A brief histor y

Kenya’s modern judicial history is traced back to the East African Order in Council of 1897 and the Crown regulations

made there under, which marked the beginning of the country’s legal system. It was based on a tripartite division of subordinate courts; namely, Native courts, Muslim courts and those staffed by Administrative officers and Magistrates.

The colonial authorities empowered village elders, headmen and chiefs to settle disputes as they had done in the pre- colonial period. These traditional dispute settlement organs gradually evolved into tribunals and were accorded official recognition in 1907 when the Native Courts Ordinance was promulgated. The Chief Native Commissioner was authorized to set up, control and administer the tribunals. Any appeals against the decisions of these tribunals were forwarded to the D.O and or D.C and finally to the PC. The final appeal lay with the Supreme Court.

The Native Appeals Tribunal’s ordinance 1930 reduced the number of elders sitting on a tribunal and also made it a requirement that a literate member records the proceedings. By 1950 these tribunals had evolved sufficiently for them to be converted into courts similar to those that hitherto served non-Africans. In 1950 the African Courts Ordinance abolished the Tribunals and replaced them with African Courts.

In dispensing justice under the relevant English and Indian laws where non-Africans were concerned, the administration of justice was entrusted to expatriate judges and magistrates. Muslim courts were headed by a Chief Kadhi and were classified as subordinate courts. As such, appeals from Islamic courts lay to the Supreme Court. The segregated system of administering justice prevailed until 1962 when the African Courts were transferred from the Provincial Administration to the Judiciary.

It was not until 1963 that the independence Constitution marked the beginning of a truly independent and impartial Judiciary. The Independence Constitution established a Supreme Court with unlimited original criminal and civil jurisdiction over all persons, regardless of racial or ethnic considerations.

The judges were to be appointed by an independent Judicial Service Commission. The Constitution further provided for the establishment of a Court of Appeal and the Kadhis court.

When Kenya attained the status of a republic in 1964, the Supreme Court was renamed the High Court. However the supreme court bounced back with the new promulgation of the constitution in 2010.

The Judiciary

21

Elders of the African Native Tribunal of Kiambu gathered for a swearing in ceremony.

22

The Judiciary

Kenya Judicial HeritageKenya enjoys a rich legal heritage traced back to pre colonial societies. This is evident from the remains preserved in both tangible and intangible forms. The establishment of colonial rule at the end of the 19th century marked the introduction of both the English and Indian legal systems whose heritage is found in buildings, artifacts, documents and oral forms. All these form a great resource for those interested in the study of the evolution, growth and development of our justice system in the country.

Kenya’s legal system is based on the 1963 Constitution, the Judicature Act of 1967 and common law court precedent. Other sources of law include the English Common Law, tribal law and Islamic law. Customary law is also used to the extent that it does not conflict with statutory law, mainly as a guide in civil matters concerning persons of the same ethnic group.

Kenya’s legal system has evolved from the inheritance of its English Common Law tradition. The courts adhere to the principle of stare

decisis, and like other countries practicing common law, the legal system is adversarial in its procedure. Theoretically, the suspect is presumed innocent until proven guilty. In practice, however, the burden of proof is often placed on the defendant.

Kenya for a long time practiced informal customary criminal justice system. This system was carried out by local chiefs and a council of elders in remote villages, where police and formalized courts were not readily accessible. The colonial government and

the post-independence governments limited the types of criminal cases that these local chiefs and Councils of Elders handled. Although informal courts help to reduce the delays and backlog of cases occurring at the formal customary courts and at the English-based courts, these courts often exceed the limits of their powers.

Traditional Legal HeritageBefore the dawn of colonialism in Kenya, the various ethnic communities of Kenya had their own customary laws regulating their lives and social order. African customary law was an expansive and an all-encompassing regime, which in the absence of a centralised system, extended to all spheres of life within the respective communities.

Traditional Kenyan communities had a clearly defined justice system that played a significant role in the enforcement of law and order, resolution of disputes, administration of justice and punishment.

Each had an established punishment system which depended on the nature and extent of the crime. Before one was punished, the system demanded to establish beyond doubt that one was guilty. Serious crimes included murder, theft, witchcraft, adultery, rape, assault and fornication. In many communities, this role was carried out by the Council of Elders.

The content and scope of the customary law however changed

The Judiciary

23

Oath administration in traditional justice system- an elder presides over the administration of an oath to solve a dispute between two litigants.

Photo courtesy of Kenya National Archives (KNADS)

24

The Judiciary

forever upon the advent of colonial rule in Africa. It has consistently withered with time and what remains of it today is a faint shadow of what the regime of law used to be in the pre-colonial period in Kenya.

Colonial Legal HeritageAt the inception of colonial rule in Kenya, the colonial government embarked on deliberate steps to phase out customary law. However on realizing that this law was deeply entrenched it gradually began to permit the application of the customary legal law in the courts of law.

The first court in British East Africa was established by the Imperial British East Africa Company in 1890 with A.C.W Jenner as its first judge. In 1895, the East Africa Protectorate was established and a Consular Court was established to serve British and other foreign persons. A court with jurisdiction over all persons in the territory was first established in 1897, ‘Her Majesty’s court of East Africa’. In 1902 it was renamed ‘the High Court of East Africa’. The courts were principally established to serve the interest of the settlers and as long as law and order prevailed, the administration was happy with observation of justice through the traditional justice organs for the African population. The native courts were strengthened and developed to serve the interests of the Africans.

After Britain declared Kenya a Crown Colony, the Colonial Parliament passed laws that in effect, formed the basis of the

criminal laws in Kenya. Some of the colonial criminal laws were unacceptable to the Kenyan people, such as the bigamy law, laws against stealing cattle and tax evasion laws.

When Kenya was annexed and declared a Crown Colony by Britain in 1921, the Kikuyu, the Kamba and the Maasai launched stiff resistance against British domination and rule. This fight against British colonisation resulted in the Mau-Mau uprisings in the 1950s and led to Kenya’s independence.

In time, Kenyans accepted the English laws to the extent that these laws did not totally violate their customary beliefs and values. There eventually evolved a dual system of courts that applied the English Law and those that applied Customary Law.

Tribunal courtsOn realization of the importance and role of the traditional organs in dispensing justice, village elders, headmen and Chiefs were given powers to settle disputes as they had done in the past. Gradually, these organs evolved into tribunals and were accorded official recognition through the native courts ordinance in 1907. They were placed under the authority of the Chief Native Commissioner. With time the courts grew in status and function and in 1950, the African Courts ordinance replaced them with African Courts. In 1962 the African Courts were moved from the Provincial Administration and placed under the Judiciary.

The Judiciary

25

Non African CourtsThe administration of justice to non Africans involved application of the relevant English and Indian laws. Courts were established and entrusted to expatriate judges and magistrates and headed by the Chief Justice. The administration of the courts was vested in the registrar. They were set up in the large urban centers like Nairobi, Mombasa and Kisumu. The Kadhi courts were also established to cater for the judicial interest of the Muslims and were headed by the Chief Kadhi.

Independent Kenya JudiciaryThe Kenya Independence Parliament revoked colonial laws that were contrary to their values, such as the bigamy law. As of 1993, the criminal laws of Kenya were made up of both colonial laws that were still in force and Acts of the post- independence parliaments from the first Head of State, Mzee Jomo Kenyatta to the then Head of State, President Arap Moi. Prior to 1990, it was very easy to pass laws in the Kenyan Parliament because of its unicameral system of government. In 1990, however, after stiff resistance by

the government of President Arap Moi, the Kenyan people voted to return to a multiparty system of government.

The independent Constitution established the Supreme Court with jurisdiction over all persons irrespective of their racial and ethnic backgrounds. The role of appointing judges and magistrates was assigned to the Judicial Service Commission. Provision was also made for the establishment of a Court of Appeal and the Kadhis Court.

The Judiciary was further strengthened with the enactment of three major laws in 1967- The Judicature Act, the Magistrates Courts Act and the Kadhis Courts Act, which streamlined the justice system.

Subsequent governments tried to influence the Judiciary to serve them, a vice inherited from the colonial times. This remained the norm until the promulgation of the new Constitution in 2010 that gave the Judiciary the independence, it lacked.

The Judiciary

26

The Supreme Court

The Supreme Court consists of the Chief justice as it’s president and the Deputy Chief Justice as the

vice president and five other judges. It has jurisdiction to hear and determine disputes relating to the elections of the office of the president, appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by a national legislation. It is also empowered to give advisory opinion at the request of the national government, any state organ or county government. All other courts are bound by the decisions of the Supreme Court in the doctrine of orbiter dicter.

Full bench of Supreme Court judges, sitting in Nairobi.

(L-R) Hon Lady Justice Njoki Ndung’u, Hon Justice Prof J.B. Ojwang,

Hon Justice Dr Philip K. Tunoi, Hon Justice Dr Willy Mutunga,

Hon Lady Justice Kalpana H. Rawal,Hon Justice Mohammed K. Ibrahim

and Hon Justice Dr Smokin C. Wanjala.

The Judiciary

27

28

The Judiciary

The Court of Appeal

The Court of Appeal is comprised of no fewer than 12 judges and is organised and administered

in the manner prescribed by an Act of Parliament. Its head is the president of the Court of Appeal elected by the appellate judges from amongst themselves. It has jurisdiction to hear appeals from the High Court and any other courts or tribunals prescribed by an Act of Parliament.

The Judiciary

29

A Court of Appeal in session.L-R Justices; Martha Koome, Erastus Githinji, Hannah Okwengu and David Maraga

30

The Judiciary

Judges take Oath of office after the promulgation of the Kenya Constitution 2010.

The Judiciary

31

32

The Judiciary

High Court

The High Court consists of the number of judges prescribed by an Act of Parliament. It is headed by the Principal Judge

who is elected by the judges of the High Court from amongst themselves. The High Court has unlimited original jurisdiction in criminal and civil matters; jurisdiction to rule whether a right or fundamental freedom has been violated, infringed or threatened; and jurisdiction to hear an appeal from a decision of a tribunal appointed under the constitution to consider the removal of a person from office except that of the tribunal established under Article 144.

The Employment and Labour Relations Court

The Employment and Labour Relations Court is established pursuant to Article 162 (2) (a) of the Constitution of Kenya

2010, for settling employment and industrial relations disputes.

The Industrial Court is a superior court of record with the status of the High Court and exercises jurisdiction throughout Kenya.

The court has exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162 (2) of the Constitution and the provisions of the Industrial Court Act or any other written Law which extends jurisdiction to the court relating to employment and Labour relations.

The court consists of the Principal Judge and such number of Judges as the President may, acting on the recommendations of the Judicial Service Commission, appoint.

The Environment and Land Court (ELC)

The Environment and Land Court is one of the Courts contemplated by article 162 (2). This is a Superior Court just

like its counterpart, the Employment and Labour Relations Court. Both have the same status as the High Court.

The court is established under section 4 of the Environment and Land Court Act No. 19 of 2011. It has jurisdiction to hear any other disputes relating to environment and land.

The Court has original and appellate jurisdiction to hear and determine all disputes in accordance with Article 162 (2) (b) of the Constitution and with the provisions of the Act or any other written law relating to environment and land.

It has powers to deal with disputes relating to land administration and management. It exercises appellate jurisdiction over the decisions of subordinate courts or local tribunals in respect of matters falling within the jurisdiction of the Court. It exercises supervisory jurisdiction over the subordinate courts, local tribunals, persons or authorities in accordance with Article 165(6) of the Constitution.

The Judiciary

33

A three-judge bench comprising of High Court judges, L-R: Mumbi Ngugi, Richard Mwongo and Weldon Korir, hear a case at Milimani Law Courts in Nairobi.

34

The Judiciary

Subordinate Courts

Subordinate Courts are established by the Constitution and their jurisdiction and powers

conferred by the law. They include;

1. Resident Magistrates Court

2. Kadhis Court

3. Court Martial

4. District Magistrate Court

5. Other Courts and Tribunals as may be

established by an Act of Parliament.

Resident Magistrates Court

The Resident Magistrate court is subordinate to the High Court and it is deemed to be duly constituted when held by a

Chief Magistrate, Senior Principal Magistrate, Principal Magistrate or Resident Magistrate. The courts have jurisdiction throughout Kenya and they exercise jurisdiction in criminal and civil cases. They also exercise original and limited appellate jurisdiction and unlimited jurisdiction to hear and determine cases related to African Customary Law.

The Judiciary

35

District Magistrates Courts

They are established under the Magistrate Court Act in each District. The courts are duly constituted when held

by a District Magistrate assigned to the district in question by the Judicial Service Commission. The court has jurisdiction throughout the district in respect of which it is established to preside over both criminal and civil cases. It also has original and limited appellate jurisdiction. There are three classes of District Magistrate Courts-1. District Magistrate Court 1st Class 2. District Magistrate Court 2nd Class 3. District Magistrate Court 3rd ClassThese have now been abolished.

Kadhi’s Court

The history of Kadhi courts extends prior to the colonization of East Africa in the 19th century. The courts continued

under British rule and post independence Kenya.

Kadhis Court consists of a Chief Kadhi and three or more other Kadhi as may be prescribed by an Act of Parliament. For a person to be appointed as a Kadhi he must profess the Muslim faith and have knowledge of the Muslim law applicable to any sects of Muslims. The courts are established through an Act of Parliament with jurisdiction within Kenya and limited to determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceeding in which parties are Muslims.

Newly recruited magistrates take Oath of Office before Chief Jus-tice Willy Mutunga at Supreme Court in Nairobi. July 2012.

The Chief Kadhi of Kenya, Ahmed Mohdhar in a picture dated December 2012.

36

The Judiciary

Kadhis Court in Mombasa.

The Judiciary

37

Judges and lawyers await to receive the Chief Justice Willy Mutunga during his visit to Mombasa Law Courts. Year??

38

The Judiciary

Court Martial

It is established under the Armed Forces Act that provides for the creation of a Court Martial consisting of a presiding officer and not less than two

other officers. The presiding officer must be of the rank of Major and above. In cases where the offence in question attracts a death penalty the court is composed of the presiding officer and not less than four officers. In case an officer of the rank of Major is not available, the court can be presided over by an officer above the rank of Captain with at least five years standing. The other officers must have served for a period of not less than two years and two officers must be above the rank of Captain. The court presides over cases that involve members of the armed forces with respect to offenses committed in the course of duty and contained in the Armed Forces Act such as malingering, mutiny, desertion of the forces and acts of cowardice and disobedience. The court has jurisdiction on cases committed by officers in the course of duty and convenes when and where need arises.

Tribunals

Tribunals are bodies established by an Act of Parliament to exercise judicial or quasi judicial functions. They

supplement the ordinary courts in the administration of justice and are guided by principles of natural justice like no man shall be condemned unheard and no man shall be judge in his own case. Examples of tribunals include

1. Rent Tribunal2. Business Premises Tribunal3.Industrial Court Tribunal4. Corporative Tribunal5. Insurance Tribunal6. Land Tribunal7. Capital Markets Appeals Tribunal8. Liquor Licensing Board9. University Senates10. Political Parties Disputes Tribunal (PPDT)11. The National Environment Tribunal12. Sports Disputes Tribunal

The Judiciary

39

Judicial Service Commission

The Judicial Service Commission is established to promote and facilitate the independence and accountability of

the Judiciary and the efficient, effective and transparent administration of justice. Its key functions include;

1. Recommending to the President persons for appointment as judges.

2. Reviewing and making recommendations on the conditions of service of judges, judicial officers and other staff of the Judiciary.

3. Appointing, receiving complaints against, investigating and removing from office or otherwise disciplining registrars, magistrates, judicial officers and other staff of the judiciary in the manner prescribed by an Act of Parliament.

4. Preparing and implementing programmes for the continuing education and training of judges and judicial officers.

5. Advising the national government on ways of improving the efficiency of the administration of justice.

The Chairperson of the Commission is the Chief Justice and the composition of its members is stipulated in the Constitution.

Members of the Judicial Service Commission (JSC). From right to left:Hon. Dr Justice Smokin Wanjala, Commissioner/ Judge of the Supreme Court of Kenya,

Hon. Mrs. Florence Muoti Mwangangi, Commissioner/ Advocate of the High Court of Kenya, Hon. Mr. Justice Isaac Lenaola, Commissioner/Judge of the High Court of Kenya (former), Hon. Ahmednasir Abdullahi, Commissioner/ Advocate of the High Court of Kenya (former),

Titus Gateere, CBS Commissioner (former), Hon. Rev. (Dr.) Samuel Kobia, Commissioner (former),

Hon. Prof. Christine K.A. Mango, Commissioner/ Vice Chairperson, JSC(former) and Hon. Prof. Githu Muigai, Commissioner/ Attorney General of the Republic of Kenya.

Other not present in the photo include;Hon. Justice Mohamed Warsame, Commissioner/ Judge Court of Appeal;

Hon. Ms. Emily Ominde, Commissioner/ Chief Magistrate, Hon. Prof. Margaret Kobia, PhD, CBS Commissioner.

40

The Judiciary

Office of the Chief Registrar

The office of the Chief Registrar was created under the Constitution of Kenya, 2010. The

Chief Registrar is the Chief Administrator and the Accounting Officer of the Judiciary. He/ She is also the secretary to the Judicial Service Commission and the National Council for the Administration of Justice. The holder of the office is expected to perform all the judicial functions and exercise powers vested in the Chief Registrar by the law and give effect to the directions of the Chief Justice. He/ She is responsible for the efficient management of the day today operations and administration of the Judiciary among other key duties.

The Judiciary

41

The Judiciary Ombudsperson

The Judiciary Ombudsperson Office was established by the Chief Justice in August 1, 2011.

The office has powers to resolve complaints and is empowered to receive and consider complaints from any person who has grievances against the Judiciary of Kenya. The office is mandated to receive complaints by members of the public against judicial officers/staff, staff against staff and staff against the establishment of the judiciary.

The office aims to provide a confidential, neutral, independent and informal process that facilitates fair and equitable resolution of grievances.

Judiciary officials attend to clients at the Ombudsperson Office, Supreme Court Building, Nairobi.

42

The Judiciary

Judicial Training Institute(JTI)

It was established in 2008 to offer education and training to staff involved in the administration of justice.

The institute trains judicial officers on better methods of service delivery and use of computers and information technology, provides the Judiciary with the physical infrastructure on which to train judges, magistrates and support staff. The institute symbolizes the Judiciary’s commitment to new and improved methods of service delivery and excellence in the application of law through research and more effective remedies.

The Judiciary Training Institute. The facility is the Judiciary’s training institution and is

responsible for continuous training of judicial officers and staff.

The Judiciary

43

“Transforming Legal Information into Public Knowledge.”

The National Council of Law Reporting is a state corporation constituted under the National Council of Law Reporting Act. The Council’s mandate is to;

1. Publish the Kenya Law Reports and related publications2. To revise, consolidate and publish the laws of Kenya3. Perform such other functions as may be conferred by statute

The Law Reports are a series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.

The Council is ran by a board of directors and the secretariat managed by a Chief Executive Officer.

NATIONAL COUNCIL FOR LAW REPORTING

THE COUNCIL’S BOARD

EDITOR

LAW REPORTING & LEGAL PUBLISHING

OPERATIONS MANAGEMENT

SNR. ASST. EDITOR SECRETARY

STRATEGY, QUALITY CONTROL & PERFORMANCE

EVALUATION

FINANCEDEPARTMENT

HUMAN RESOURCESDEPARTMENT

ICTDEPARTMENT

SALES, MARKETING, &

CUSTOMER CARE

EDITORIALDEPARTMENT

LEGAL RESEARCH&

DEVELOPMENT

LAWS OF KENYADEPARTMENT

National Council for Law Reporting

44

The Judiciary

The National Council for Administration of Justice - NCAJ

The NCAJ is established under section 34 of the Judicial Service Act (No.1 of 2011). The Council’s duty is to ensure a coordinated, efficient, effective

and consultative approach in the administration of justice and reforms of the justice system.

NCAJ formulates policies relating to the administration of justice; implements, monitors, evaluates and reviews strategies for the administration of justice, facilitates the establishment of Court Users Committees at the county level; and mobilizes resources for the purposes of the efficient administration of justice.

It is a high level policy making, implementation and oversight coordinating mechanism. Its membership is composed of both Sate and Non-State Actors from the justice sector.

The Judiciary

45

PILLARS OF JUDICIAL TRANSFORMATION

Judiciary Transformation Framework

The Judiciary had for a long time before the enactment

of the new constitution suffered from weak and inadequate structures, diminished public confidence, deficiency in integrity and weak public support. The Judiciary Transformation Framework, the Judiciary’s four-year revolutionary blueprint, was initiated to address these and other shortcomings.

The Transformation Framework is carried out in line with four distinct but interdependent Pillars.

46

The Judiciary

2.Transformative leadership, organizational culture, and Professional

and Motivated Staff

The second pillar is addressed in four Key Result Areas

iv. Philosophy and Culture- Evolution of a new philosophy that recognizes that judicial authority originates from the people and cultivation of a culture of imaginative leadership, accountable service with integrity, openness and an orientation towards delivery of results and ethical conduct.

v. Leadership and Management- the judiciary exists for the people and therefore must have a well equipped, motivated and fairly rewarded staff to manage this critical resource. Their personal and professional growth is encouraged through the creation of opportunities for career progression and personal development.

vi. Organizational structure- simplification of the way the Judiciary is organized to clarify reporting lines and create clear accountabilities to fast track decision making.

vii. Growth jurisprudence and judicial practice- training, research and partnerships is at the centre of efforts to enable judges and magistrates to develop the law and its application to match the practice with that of the world. This is achieved through continuous learning, mentoring and peer review in order to create new thinking about the law and how it is applied.

1. People- Focused Delivery of Justice

Judicial authority is derived from the people and vested in the Judiciary and hence should be exercised for the benefit of the people. This pillar is addressed under three Key Result Areas

i. Access to and Expeditious delivery of Justice- Equality of all in the administration of justice regardless of status in society and the principle of justice delayed is justice denied. It calls for the removal of all barriers that hinder access to justice and making the judiciary accessible to all who seek its assistance.

ii. People -Centeredness and public engagement- the Judiciary to endeavor to engage the public at all levels of justice delivery and put in place a structured approach to achievement of successful public information, education and communication strategies.

iii. Stakeholder Engagement- working together with other actors in the justice chain such as the Executive, Independent Commissions and members of the public. Through the National Council for the Administration of Justice, Judiciary will seek to provide a forum for stakeholder collaboration in the delivery of justice.

3. Adequate financial resources and physical

infrastructure

viii. Physical Infrastructure- the creation of a infrastructure development master plan and strategy to accelerate the construction and refurbishment of courts. This will make the courts more friendly and accessible with adequate facilities. A model court design was developed to building standard courts throughout the country.

ix. Financial Resources- the creation of the Judiciary fund has granted the Judiciary financial autonomy. Structures have been put in place to ensure the finances are managed effectively and expenditure is matched with results and accountability observed. The reliance on funding from development partners is to be thinned out and eventually be entirely funded by the tax payer to make the institution more accountable to the people.

4. Harnessing technology as an

Enabler for Justice.

There is only one Key Result Area under this pillar namely

x. Information and Communication Technology- focuses on embracing and harnessing information and communication technology and its application across all the Key Result Areas to improve the administration of justice. This includes the deployment of electronic case management, integrated document management and audio-visual recording to check delays and other challenges that frustrate the search for justice.

The Judiciary

47

Members of National Council on the Administration of Justice in a group photo. The Council ensures a coordinated, efficient, effective and consultative approach in the administration of justice.

48

The Judiciary

Pictures courtesy of Kenya National Archives (KNADS)

The Judiciary

49

Pillar 1 and 2 - (G al ler y Pictures)

Above: Judiciary staff participate in Judicial Marches in Nairobi, August 2012.

Above: Pupils from Treasure Academy Mbumbuni, on an educational trip to the Supreme Court, Nairobi.

Below: Advocates pose for a group photo with the Chief Justice, Dr Willy Mutunga, after they were admitted to the Roll at the Supreme Court Building, Nairobi.

Below: The Chief Justice, Dr Willy Mutunga, in a handshake with Tegla Chepkite Loroupe, a long distance track and road runner and peace Ambassador.

50

The Judiciary

Above: Staff perform a song during the launch of Court of Appeal in Kisumu.

Above: Students visit the Judiciary Stand during the Nairobi International Trade Fair - ASK.

Below: Court Process Servers Society of Kenya in a meeting with the Chief Justice, Dr Willy Mutunga, at the Supreme Court Building in Nairobi. The team is led by the Society’s the National Chairman Alex Alela.

Below: Advocates wait to be admitted to the Bar by Chief Justice Willy Mutunga at a ceremony held in Nairobi.

The Judiciary

51

Pillar 3 and 4 - (G al ler y Pictures)

Above: President Uhuru Kenyatta Congratulates Justice Kalpana Rawal after she was sworn-in as Deputy Chief Justice at State House, Nairobi, June 3,

2013.

Above: The Chief Justice, Dr Willy Mutunga, JSC Commissioners, Judicial Officers and members of public march during the launch of the Court of Appeal in Kisumu.

Below: The Chief Justice, Dr Willy Mutunga, is shown how the “Faini Chap Chap” an M-pesa enabled fines payment technology, works.

Below: Judiciary ICT officers demonstrate how the Google-enabled car-track operates during the flagging off of vehicles to field stations.

52

The Judiciary

Above: A section of Supreme Court Judges during the Presidential Election Petition at the Supreme Court, Nairobi

Above: The new Busia High Court building in Busia County

Below: US visiting judges at the Supreme Court Building in NairobiBelow: The Chief Justice, Dr Willy Mutunga, and Safaricom CEO Bob Collymore launch the Faini Chap Chap at Kibera Law Courts in Nairobi

The Judiciary

53

A Kamiti Maximum Security Prison inmate, Haron Thomas Nyandoro, launches his book; Blind Justice: The True Story of an Innocent Man Sentenced to Hang, and his Untiring Quest for Justice,’ during the

Judicial Service Week, launched at the facility, to clear cases.

Kenya´s Judicial Heritage

C h a p t e r 2

The Judiciary

55

Introduction

Kenya enjoys a rich and remarkable legal heritage that

is traced back to pre-colonial period. This is evident

from the many remains preserved in both tangible and

intangible forms. The establishment of colonial rule at the

end of the 19th Century marked the introduction of both

the English and Indian legal systems whose heritage is

found in buildings, artifacts, documents and oral forms.

The Judiciary

56

Traditional Kenyan communities had a clearly defined justice

System that played a significant role in the enforcement of law and order, resolution of disputes, and punishment.

Each had an established punishment system which depended on the nature and extent of the crime. Before one was punished, the system demanded to establish beyond doubt that one was guilty. Serious crimes included murder, theft, witchcraft, adultery, rape, assault and fornication.

In many communities, this role was carried out by the Council of Elders.

Oath administration in traditional justice system- an elder presides over the administration of an oath to solve a dispute between two litigants.

I. Traditional Legal Heritage


The Judiciary

57

A meeting of Kikuyu elders; the elders were vested with power to administer justice.


The Judiciary

58

Administration of justice in select ethnic groups in Kenya

Meru

Murder or manslaughter was a very serious crime in traditional

Meru ethnic community. Whenever this happened, it was

customary to immediately call at the deceased’s family to organize

an appropriate compensation. Such steps were initiated by the

local leadership of the Njuri Ncheke. The unmediated payment

was the Mirongo Ithatu, three tens, which amounts to a bull,

a ram and a honey barrel . Among the Tharaka, compensation

consisted of 40 – 60 goats, a honey barrel, a choro, an axe and a

sheep.

William ole Ntimama, former Heritage Minister is installed as a Njuri Ncheke elder at their headquarters in Meru County. The Njuri Ncheke is the supreme organ tasked with the responsibility of administering justice in traditional Meru society. The Council has its seat at Nchiru in Meru, and is one of the traditional judicial systems recognized by the Kenyan State.

The Judiciary

59

Pictures courtesy of NMK (National Museum of Kenya)

60

The Judiciary

Taita

Amongst the taita, divorce was allowed in instances where marriage proved difficult to continue. The

Council of Elders (Mwandu) of the village would meet with the parents of the couple in question. Each person presented his/her case before the Mwandu who had the final say. Marriage as in most other African groups is a community affair as much as the union of two individuals. If the husband was found to be at fault, he was fined. He gave a he – goat and made beer (chofi)

for the elders. He was also required to make clothing made from goatskin for his wife.

In the case of inflicting injury, the perpetrator had to slaughter a mature goat which had not yet given birth. The act is known a Kutaiswa. The two were then reconciled by each giving the other a white or white spotted skin and from then the two called each other mwarongo.

The Judiciary

61

A Taita Man with Drum.

Photo courtesy of National Museums of Kenya (NMK)

62

The Judiciary

Embu

In the Embu and Mbeere traditional set up the Council of Elders (Kiama) was the ultimate custodian of law. They presided over legal matters, peace negotiations and matters touching on the tranquility of the society. Also significant was the Athamaki –a-Ndudu

(special group of elders) who had the authority to mobilize warriors to execute decisions arrived at by the Kiama.

In the case of theft, a heavy fine was imposed on the culprit. If he/she failed to reform, the Council of Elders was convened to take appropriate action. Punishment ranged from death sentence to ostracism. A death sentence was executed by rolling the criminal down

hill in a bee – hive, drowning him/her, dropping the person down a cliff, or burning him while tied onto a Magau (mwagau) among others. Whichever the method, execution was initiated by a close relative as a sign of disowning the criminal.

Photo of Bee-hive


The Judiciary

63

A Kuria Elder in a traditional dress.

Kuria

An attempt to institutionalize political and social behavior in Kuria society was made at the village family and clan

level. At these levels, there were people called Abagembi. These were clan and family leaders; normally the oldest member of a family or clan would become its leader. These leaders or elders constituted themselves into a Council of Elders which looked after the affairs of the village or clan. The most senior of them, in terms of age, wisdom, wealth and lineage would become its chairman and spokesman. This Council of Elders was called Inchama. An effort to control Kuria society at a general level was made in the office of Omogaka who was a senior elder and recognized as such by the community. An Omogaka first established his status as a leader of a homestead or clan. If he was successful then becomes a respected elder in the clan, he would then be called Omusubi. It is after this that the status of Omogaka

was bestowed upon him.

The Council of Elders made decisions concerning political matters and land disputes. There were also customs that governed behaviour at the family, clan and societal level.


64

The Judiciary

The Luo

Amongst the Luo community, the smallest political unit, Gweng’ also served as a judicial unit. It

was here that disputes in society were decided by a Council of Elders chaired by Jaduong Gweng, the most senior elder who normally announced decisions of the council. Consensus rather than voting was used in arriving at decisions.

In addition to elders, some famous prophets, wise men and spiritual experts were at times called upon to arbitrate in disputes. Famous spiritual specialists and military leaders were also called upon to help in matters relating to justice.

Owuor Kere, a Luo Elder


The Judiciary

65

Kamba

In the Akamba society, the Council of Elders enforced law and order and spelt punished to any member

who behaved contrary to the established norms.Before any one was punished the system needed to establish beyond doubt that he was guilty.

If the suspect denied the accusation he or she was required to take a special legal Oath to decide the matter conclusively – the Kithithu Oath. After administration of Oath, they waited for the outcome and if neither the swearer nor anybody of his family circle died within a specified time, usually seven days, the case went in his favour. If one of them died, the accused lost the case and he or his heir had to meet the obligations. Other possible consequences of swearing falsely included running mad, falling sick or contracting a terrible disease such as TB or leprosy.Part of paraphernalia used during the

administration of the Kithitu Oath


66

The Judiciary

The first court in British East Africa was established by the Imperial British

East Africa Company in 1890 with A.C.W Jenner as its first judge. In 1895, the East Africa Protectorate was established and a consular court was established to serve British and other foreign persons. A court with jurisdiction over all persons in the territory was first established in 1897, ‘Her Majesty’s court of East Africa’. In 1902 it was renamed ‘the High Court of East Africa’.The courts were principally established to serve the interest of the settlers and as long as law and order prevailed, the administration was happy with observation of justice through the traditional justice organs for the African population. The native courts were strengthened and developed to serve the interests of the Africans.

There eventually evolved a dual system of courts with courts that applied the English Law and those that applied Customary Law.

The Mombasa Law Court building was first established in 1897. The building was officially opened in 1902 by Sir Charles Elliot.

II - Colonial Legal Heritage


The Judiciary

67

Tribunal courts

On the realization of the importance and role of the traditional organs in

dispensing justice, Village Elders, Headmen and Chiefs were given powers to settle disputes as they had done in the past. Gradually, these organs evolved into tribunals and were accorded official recognition through the Native Courts Ordinance in 1907.They were placed under the authority of the Chief Native Commissioner. With time the courts grew in status and function and in 1950, the African Courts Ordinance replaced them with African Courts. In 1962 the African Courts were moved from the Provincial Administration and placed under the Judiciary.

A Native African Tribunal in session during the colonial era.

Photo courtesy of Kenya National Achieves and Documentation Service (KNADS)

68

The Judiciary

Non African Courts

The administration of justice to the non Africans involved the application of the

relevant English and Indian laws. The courts were established and entrusted to expatriate judges and magistrates and headed by the Chief Justice. The administration of the courts was vested in the registrar and they were set up in the large urban centers like Nairobi, Mombasa and Kisumu. The Kadhis courts were also established to cater for the judicial interest of Muslims and were headed by the Chief Kadhi.

This racially segregated system was designed for purposes of exploiting the Africans and legitimising the settler state.

A colonial court in session.

Photo courtesy of Kenya National Achieves and Documentation Service (KNADS)

The Judiciary

69

Trial of General China during the struggle for independence.


70

The Judiciary

The divided and racial justice system was practiced in Kenya until 1963 when Kenya attained independence from the

British. After independence it was transformed from a dual to a unified system that applied both the English Law and the African Customary Law. The independent Constitution established the Supreme Court with jurisdiction over all persons irrespective of their racial and ethnic backgrounds. The appointment of judges and magistrates was assigned to the Judicial Service Commission. Provision was also made for the establishment of a Court of Appeal and the Kadhis Court. The Judiciary was further strengthened with the enactment of three major laws in 1967- The Judicature Act, the Magistrates Courts Act and the Kadhis Courts Act that streamlined the justice system.

Subsequent governments have tried to influence the Judiciary to serve them, a vice inherited from the colonial times. This remained the norm until the promulgation of the new Constitution in 2010 that gave the Judiciary the independence it had lacked for a long time.

III - Independent Kenya - Justice for Kenyans by Kenyans

The Judiciary

71

Africanisation

At independence the Judiciary was wholly composed of British colonial service appointees. The legal profession

was dominated by local European and Asian practitioners. There were only a handful of African lawyers. Among the pioneer group of African lawyers were Argwings Kodhek, Charles Njonjo and Jean Marie Seroney. Kodhek was the first African to establish a private legal firm in 1956 while Njonjo and Seroney were government lawyers. Others at the time of independence were Henry Warithi, Samuel M. Otieno, Mugo Waiyaki, and Samuel Kivuitu. Kitili Mwendwa, James Kiragu and John Sibi-Okumu joined later.

By mid 1960s the number of Africans in the legal fraternity was small and only began to swell when the Universities of Dar-es- Salaam and Kampala and later Nairobi, began to churn out law graduates.

72

The Judiciary

1953- The famous Kapenguria trials were held where Kenyatta and six others were sentenced for seven years imprisonment for managing the activities of Mau Mau.


The Judiciary

73

President Jomo Kenyatta with Chief Justice Sir James Wicks(3rd right) and the AG, Charles Njonjo(2nd left).Sir Wicks served between 1971-1982.

Pictures courtesy of Kenya National Achieves and Documentation Service (KNADS)

74

The Judiciary

Charles Njonjo, Lawyer Paul Muite follow Court proceedings during the Njonjo commission of inquiry.

Photo courtesy of the Department of Information; Ministry of information Communication Technology

The Judiciary

75

Commission of inquiry established to investigate aspects of Njonjo’s life and deeds that could be subversive, treasonable or anti-government.


76

The Judiciary

To m M b o y aA minister in government, was assassinated in 1969.

He served as Constitutional Affairs MinisterPhoto courtesy of National Museums of Kenya (NMK)

The Judiciary

77

J o s i a n M w a n g i K a r i u k iwas member of parliament for Nyandarua Constituency, as

assassinated in 1975.


78

The Judiciary

1963- Kenya attains independence with Jomo Kenyatta as Prime Minister.


The Judiciary

79

1968- First African is appointed Chief Justice

K i t i l i M w e n d w a1968. The first African Chief Justice is appointed and takes Oath of Office before President Jomo Kenyatta.


80

The Judiciary

Gallery Pictures

The Judiciary

81

The Judiciary

82

The Judiciary

83

2002 - Mwai Kibaki wins a landslide victory, ending Daniel arap Moi’s 24-year rule and Kanu’s four decades in power.

The Judiciary

84

The Judiciary

85

2010 - Constitution providing for transformational leadership in key institutions was approved by a referendum.The new Constitution provided for the independence of the Judiciary.

86

The Judiciary

The Judiciary

87

March 4, 2013 - Uhuru Kenyatta, the son of Kenya’s first president, wins presidential election. A challenge to the results by his main rival, Prime

Minister Raila Odinga, is rejected by the Supreme Court.

P r e s i d e n t U h u r u K e n y a t t ais sworn in as the Fourth President of Kenya

The Judiciary

88

Chief Justices Throughthe Journey

C h a p t e r 3

The Judiciary

89

In colonial Kenya, the office of the Chief Justice was exclusively occupied by British nationals.

1. Sir Robert William Hamilton (1867- 1944) Chief justice from 1905 to 1920

2. Lt. Col. Jacob William Barth (1871-1941) Chief justice from 1920 to 1934

3. Sir Joseph Sheridan (1882-1964) Chief justice from 1934 to 1946

4. Sir John Harry Barclay Nihill (1892-1975) Chief justice from 1946

5. Sir Harace Hector Hearne (1892-1962) Chief justice from 1951 to 1954

6. Sir Kenneth Kennedy O’connor (1896-1985) Chief justice from 1954 to 1957

7. Sir Ronald Ormiston Sinclair (1803-1996) Chief justice from 1957 to 1962

Colonial Chief Justices

The Judiciary

90

Independent Kenya Chief Justices

1. Sir John Ainley 1962-1968

Sir John Ainley was the first independent Kenya Chief Justice after having assumed office a year before independence. Sir Ainley who served in several British colonial territories

before coming to Kenya, had the singular honour of having sworn in the last Governor General of Kenya, Sir Malcolm MacDonald, in 1963, and Kenya’s founding President, Jomo Kenyatta, in 1964. Described by some as a polite and sincere person and non-controversial, Ainley served until 1968 when he was replaced by Justice Dennis Farrel. Sir Ainley is remembered as the judge who convicted Kisilu Mutua for the assassination of Pio Gama Pinto, a Kenyan journalist, politician and freedom fighter, and sentenced him to death on July 15, 1965.

The Judiciary

91

2 . A r t h u r D e n n i s F a r r e l1968

Arthur Dennis Farrel, the second Chief Justice of post-independence Kenya, was appointed to the post in an acting capacity in May 1968.

He occupied the office of the CJ for the shortest period in history. It is believed that he was sent home because of his handling of the criminal appeal of Bildad Kaggia, the former freedom fighter and a fiery nationalist who agitated for the poor and the landless. He at one time, served as a Minister in Jomo Kenyatta’s Cabinet.

Kaggia had been convicted of holding a political meeting without a license and sentenced to one year imprisonment. He appealed and his case came up before acting CJ Farrell and a Mr Justice Dalton. They upheld the conviction, but reduced the sentence to six months. Farrell was immediately retired after having served for only two months.

The Judiciary

92

3 . K i t i l i M w e n d w a1968-1971

Justice Kitili Mwendwa, the third Chief Justice in independent Kenya, was appointed to assume office at

the age of 39. Justice Mwendwa is the first black African to hold the office of the CJ. He was one of the most educated African lawyers, having obtained a Bachelor of Laws degree from Exeter University and a Masters degree in law from Oxford University. Justice Mwenda was admitted to the Bar in England and was a barrister of Lincoln’s Inn.

He joined the civil service in 1962 quickly rising to become Permanent Secretary in 1963 and Solicitor General in 1964. He became the Chief Justice of Kenya in July 1968 after the retirement of the then acting CJ Arthur Farrell. Mwendwa resigned in 1971 following accusations that he was part of a military plot to overthrow the Government of President Jomo Kenyatta.

He later came back to public service as a Member of Parliament for Kitui Central after more than a decade in private business. Justice Mwendwa died in a road accident in September 1985.

92

The Judiciary

93

4 . S i r J a m e s W i c k s 1971- 1982

Sir James Wicks was appointed the fourth Chief Justice of Kenya after the resignation of Justice

Mwendwa. Sir Wicks, a conservative Englishman and a former surveyor before he shifted to law, goes down in history as Kenya’s longest serving CJ and the only one to have served two Heads of State, Presidents Jomo Kenyatta and Daniel arap Moi.

During his leadership at the Judiciary, it is said that the Executive did not lose any critical

case and judges were known to consult with the Government whenever the Executive had an interest in a case. Sir Wicks who strongly supported the Government, is said to have rewritten a judgment in favor of the Executive. For his loyalty, the law on retirement age was amended three times to retain him until he was 74 years old. This happened when he attained the age of 68, 70, and finally 72, when the Constitution was amended to set the retirement age at 74 years.

93

The Judiciary

94

5 . S i r A l f r e d H e n r y S i m p s o n1982-1985

Sir Alfred Henry Simpson took over as the fifth Chief Justice of independent Kenya in

1982 from Sir James Wicks. He took over the leadership of the Judiciary when the institution was thoroughly compromised and served until 1985.

Known as a good and sober judge with a fine legal mind, Simpson had a string of good judgments in his legal history. One such judgment was in Xathan Kahara’s case where he upheld the right of a citizen to pursue a private criminal prosecution before the Judiciary.

As a High Court judge, Simpson presided over the case of Nahashon Isaac Njenga, the man accused of assassinating Tom Mboya, a nationalist, in July 1969. Njenga was found guilty and sentenced to death.

94

The Judiciary

95

6 . C h u n i l a l B h a g w a n d a s M a d a n1985-1986

Chunilal Madan was the second Kenyan to be appointed the sixth Chief Justice of Kenya and the only person to have at different

times served in all three branches of the government, the Judiciary, the Legislature and the Executive.

A former student of Jamhuri High School, he was called to the Bar in London at the Middle Temple Inn at the age of 21. He was later to be recognised by the Queen of England with the prestigious honour of Queen’s Counsel.

He was appointed a judge of the High Court in 1961. At 74 years old, he was the longest serving member of the Judiciary to be appointed CJ by President Daniel arap Moi in 1985.

He is best remembered for saving Stanley Munga Githunguri, a politician, when he prohibited the Attorney General from prosecuting him. He ruled that prosecutorial powers were being used in an oppressive manner.

Madan is remembered for his brilliance, sound understanding of the law and independence from the Executive. His judgments, rendered in prose and poetry, still excite the legal fraternity. In the short period he served, Madan did a lot to restore the reputation of the institution which had until then, often acted at the behest of the Executive. He was the first person to take steps over corruption in the Judiciary.

Madan is arguably both the best judge to ever sit on the Kenyan Judiciary and also the best CJ to ever head it after his predecessors. He served for only 13 months before reaching the mandatory retirement age.

95

The Judiciary

96

7 . C e c i l H e n r y E t h e l w o o d M i l l e r

1986- 1989

Cecil Henry Ethelwood Miller is the second black person to be appointed to the office of the Chief

Justice after Justice Mwendwa and the seventh since independence. Born in Guyana, Justice Miller served as a fighter pilot for the Royal Air Force in England during World War II before studying law and being called to the Bar at the Middle Temple Inn.

He came to Kenya in 1964 at the invitation of Prime Minister Jomo Kenyatta shortly after independence and joined the High Court as the first judge of African origin. He was promoted to the Court of Appeal in 1978 after 14 years at the High Court. He shot to national prominence in 1983 when he was appointed to head a judicial commission of inquiry to investigate allegations that the former Attorney General, Charles Njonjo, was plotting to overthrow the government of President Daniel arap Moi.

During his tenure, the Judiciary became more emasculated by the Executive and the Government removed the security of tenure for judges and that of the Chief Justice. He was however instrumental in the africanisation of the Judiciary. Justice Miller was the first chairman of the Law Reform Commission.

96

The Judiciary

97

8 . R o b i n A l l a n W i n s t o n H a n c o x

1989-1993

Allan Robin Winston Hancox served as the eighth independent Kenya Chief Justice

between 1989 and 1993 during the turbulent period of the agitation for multiparty democracy.

Born in England, where he attended school, Hancox came to Kenya after being called to the Bar and joined the colonial Judiciary as a resident magistrate in 1957. He was transferred to Nigeria in the same capacity but came back to Kenya in 1963 as a senior resident magistrate. Hancox was appointed High Court judge in 1969 and later in 1982, joined the Court of Appeal. He served as the chairman of the law Reform Commission from 1987 until his appointment as Chief justice. Hancox is well known for the Kenya Appeal Reports referred to as the Hancox Reports, published under his editorship.

97

The Judiciary

98

9 . F r e d K w a s i A p a l o o1993-1994

Justice Fred Kwasi Apaloo, the ninth Chief Justice of independent Kenya, has the distinction of serving as Chief Justice

in two countries. First, he served in Ghana between 1977 and 1986 and later in Kenya in 1993.

Born in the Volta Region of Ghana, Apaloo studied law in England and was admitted to the Bar at the Honorary Society of the Middle Temple Inn. He returned home to practice law and in 1964 he was appointed a High Court Judge after the independence of Ghana in 1957.

As a judge in Ghana, he distinguished himself by acquitting five persons, including three associates of President Kwame Nkurumah, who had been charged with treason against his regime. Despite the bad blood it created with the Government, he was appointed to the Court of Appeal in 1966 and later, to the Supreme Court of Ghana in 1971. In 1977, he was appointed Chief Justice of Ghana.

He joined the Kenyan Judiciary in the early 1980s as a High Court judge and rose to become a Court of Appeal Judge in the late 1980s.

He left the court to work for the World Bank Administrator Tribunal where he served until his appointment as Chief Justice of Kenya in 1993. Justice Apaloo was a brilliant judge with the sharpest of legal brains. His grasp of the law was exceptional and his judgments were cogent and well-reasoned. 98

The Judiciary

99

1 0 . A b d u l M a j i d C o c k a r1994-1997

Justice Abdul Majid Cockar was appointed the 10th Chief Justice of independent Kenya in 1994. Cockar

started his legal career taking briefs in the Mau Mau trials during the emergency.

He was the most conscientious and humble of all the Chief Justices of Kenya that served before him. He was rigidly honest and led a Spartan life. He is said to have refused to vacate his modest South C residence for the official residence of the Chief Justice, rejected the official limousine and security outside office hours, and was a common sight along Uhuru Highway as he drove himself to and from work.

A very private and religious man, his tenure can be comparable to Justice Apaloo’s. He was the closest to a saint as any Chief Justice of Kenya could ever get. To his credit, he is the only former CJ who has published his memoirs. In his autobiography he sheds light into the inner workings of the Judiciary exposing its corruption and sycophancy, the utility of expatriate judges and the political influence in the judicial system of Kenya.

Cockar first trained as a teacher, served on the bench for over 35 years, before retiring in 1997.

99

The Judiciary

100

1 1 . Z a c h a e u s R i c h a r d C h e s o n i1997-1999

Justice Zacchaeus Chesoni was serving as chairman of the Electoral Commission of Kenya

when he was appointed the 11th Chief Justice by President Daniel arap Moi in December 1997. He was the second indigenous Kenyan after Justice Mwendwa to hold the office of the Chief Justice in Kenya since it gained independence from Britain.

After qualifying as a lawyer, Chesoni started out at the lands office. He later joined the Judiciary as Registrar, succeeding J. Nyarangi. He was first appointed to the bench in 1974.

Chesoni was a brilliant lawyer and in spite of not having been in practice, he had a solid understanding of the intricacies of the law.

100

The Judiciary

101

1 2 . B e r n a r d C h u n g a1999-2003

Bernard Chunga was a surprise appointment as the 12th Chief Justice of the independent Kenya. Chunga previously worked as

Deputy Public Prosecutor and was the lead counsel in the Commission of Inquiry into the death of Robert Ouko. He was the last Chief Justice of Kenya during President Daniel arap Moi’s reign, but his name is more associated with his earlier role as the country’s Deputy Public Prosecutor when he was one of Moi’s principal instruments in dealing with political dissident, academics and activists in the 1980s. He is best known for his aggressive prosecutions against members of Mwakenya and other underground movements.

A product of the old Kenya School of Law, Chunga began his career as a policeman and later joined the Attorney General’s Chambers where he rose to the position of Deputy Director of Public Prosecutions (DPP). He was promoted to CJ in 1999.A strict disciplinarian and excellent administrator, Chunga was known to attend to complaints in the Judiciary and to effectively resolve them. Chunga was feared by court personnel, magistrates, and even some judges for his no-nonsense approach to administration.

He established special divisions of courts for specific issues, thereby addressing structural causes behind delays. In 2001 he crafted rules for applications to the High Court for enforcement of fundamental rights. He instituted resumption of written Law Reports in 2002.

On February 26, 2003, rather than face a tribunal established by newly elected President Mwai Kibaki to investigate alleged misconduct, Justice Chunga resigned paving way for the appointment of Justice Evans Gicheru.

101

The Judiciary

102

1 3 . J o h n s o n E v a n s G i c h e r u2003-2011

Johnson Evans Gicheru was appointed to hold the office of the Chief Justice by President Mwai

Kibaki upon his election in 2003. He is the second longest serving CJ and the 13th to hold the office.

Early in his career, he worked as a Senior State Counsel in the Office of the Attorney General and as an administrative officer in the Office of the President. Justice Gicheru was appointed a Judge of the High Court in 1982 and on June 8, 1988, to the Court of Appeal. His tenure as CJ, begun on February 21, 2003.

Justice Gicheru secured national admiration in 1991 when he chaired the judicial commission of inquiry into the disappearance and death of the then Minister for Foreign Affairs, Dr Robert Ouko. He retired on February 27, 2011, upon the operationalization of the new Constitution.

The Judiciary

103

1 4 . W i l l y M u n y o k i M u t u n g a

The Judiciary

104

The Judiciary

105

June 2011- present

Justice Willy Mutunga was appointed the 14th Chief Justice of the independent Kenya on June 22, 2011. Mutunga is the first Chief Justice to

be appointed competitively and publicly under the new Constitution, with the mandate of first president of the newly established Supreme Court.

Mutunga studied Bachelors of Laws Degree at the University of Nairobi, Masters Degree University of Dar es Salaam, and a PhD in York University (Osgoode Hall Law School) in Toronto, Canada. Under his tenure, there has been judicial expansion evidenced by the phenomenal increase of judges, the opening of new High Court stations and decentralization of the Court of Appeal. The Judiciary also rolled out the digitisation of court systems, cleared case backlog in courts among other achievements.

His work in the pro-democracy movement put him at loggerheads with President Moi’s regime. As a result, Dr Mutunga was detained in 1982 to 1983. He is widely published and until his appointment as the CJ, Dr Mutunga was the representative for the Ford Foundation in Nairobi.

106

The Judiciary

106

The Judiciary

107

Judges of the Supreme Court of Kenya(L-R) Hon Lady Justice Njoki Ndung’u, Hon Justice Prof J.B. Ojwang, Hon Lady Justice Kalpana H. Rawal, Hon Justice Dr Willy Mutunga,Hon Justice Dr Philip K. Tunoi, Hon Justice Mohammed K. Ibrahim and Hon Justice Dr Smokin C. Wanjala.

107

108

The Judiciary

VisionTo be the independent custodian of justice in Kenya

108

The Judiciary

109

Mission

To deliver justice fairly, impartially and expeditiously, promote equal access to justice, and advance local

jurisprudence by upholding the rule of law

109

110

The Judiciary

Mandate

The Judiciary derives its mandate from the Constitution of Kenya, Article 159 provides that: Judicial authority is derived from the people and vests in, and shall be exercised by, the courts

and tribunals established by or under this Constitution.

In exercising judicial authority, the courts and tribunals shall be guided by the following principles- • justice shall be done to all, irrespective of status; • justice shall not be delayed; • alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause(3) • justice shall be administered without undue regard to procedural technicalities; and • The purpose and principles of this Constitution shall be protected and promoted.

Traditional dispute resolution mechanisms shall not be used in a way that- • contravenes the Bill of Rights; • is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or • is inconsistent with this Constitution or any written law.

The Judiciary has developed a Judiciary Transformation Framework that has placed it on the path of institutional transformation.

The Judiciary

111

The Judiciary

112

Head of Judiciary Transformation Secretariat and Director, Judiciary Training Institute, Hon Justice Prof Joel M. Ngugi (R) and Chief of Staff in the Office of the Chief Justice Duncan Okello (L) display a copy of the Judiciary

Transformation Framework at Supreme Court, Nairobi.

The Judiciary

113

Significant Events

C h a p t e r 4

Gallery Pictures

The Judiciary

115

Below: Chief Justice Willy Mutunga unveils the unveils the Judiciary Transformation Framework 2012-16. Judiciary’s four-year blueprint for change.

Above: The Chief Justice, Dr Willy Mutunga, pose for a photograph with former US Secretary of State Hillary Clinton after they held a meeting at the Supreme Court, Nairobi.

Below: The Chief Justice, Dr Willy Mutunga sits on a stool, given by inmates at Kodiak Prison in Kisumu.

Above: President Uhuru Kenyatta (right) presents a tax contribution certificate to Chief Justice Willy Mutunga (left) during the 2013 Taxpayers Awards Ceremony at KICC, Nairobi. The Judiciary was awarded the certificate for facilitating tax remittance to KRA.

116

The Judiciary

Above: Former UN Secretary-General Kofi Annan and the Chair of the AU Panel of Eminent African Personalities with the Chief Justice, Dr Willy Mutunga, at the Supreme Court after they held a meeting in his office, Nairobi.

Above: ICC Prosecutor Fatou Bensouda with the Chief Justice, Dr Willy Mutunga, when the prosecutor toured the country.

Below: Former Speaker of the National Assembly Kenneth Marende and former Clerk to the National Assembly Patrick Gichohi receive the inaugral Annual Report on the State of the Judiciary at Supreme Court Building.

Below: The Chief Justice, Dr Willy Mutunga, officially launches the Court of Appeal in Kisumu.

The Judiciary

117

Above: The Chief Justice, Dr Willy Mutunga, takes Oath of Office in a swearing-in ceremony at State House, Nairobi.

Above: Chief Justice Willy Mutunga launches the Court of Appealin Kisumu.

Below: Chief Justice Willy Mutunga presents a copy of the Constitution to Senior Chief Francis Kariuki of Lanet Umoja, Nakuru North District, at his office, Supreme Court Building in Nairobi.

Below: The CJ launches of a Court of Appeal in Malindi.

118

The Judiciary

Above: Former President Mwai Kibaki receives a present from Supreme Court Judge, Justice Njoki Ndung’u during the luncheon held in honour of the outgoing president.

Above: Former President Mwai Kibaki at a farewell luncheon held in his honour by the Judiciary at the Supreme Court Building, Nairobi.

Below: Lawyer Nani Mungai making his presentation during the Presidential Election Petition at the Supreme Court, Nairobi.

Below: Chief Justice Willy Mutunga in a group photo with Judiciary colleagues and Nakuru County officials at the Naivasha Law Courts.

The Judiciary

119

Above: Chief Justice Willy Mutunga and the US President Barrack Obama during a meeting of Chief Justices from Africa in Dakar, Senegal.

Above: Departed advocates in Mombasa are honoured by the Judiciary.

Below: A section of African Presidents follow proceedings at the inauguration of President Uhuru Kenyatta and his Deputy William Ruto at Kasarani Sports Centre, Nairobi.

Below: Former UN Secretary-General Kofi Annan and the Chair of the AU Panel of Eminent African Personalities and Benjamin Mkapa, member of the panel are escorted by the Chief Justice, Dr Willy Mutunga, after they held a meeting at the Supreme Court, Nairobi.

120

The Judiciary

Above: Chief Justice, Dr Willy Mutunga, and former Prime Minister Raila Odinga hold a copy of the Judiciary Transformation Framework (JTF) 2012-16, at the Supreme Court, Nairobi. June 2011.

Above: Former President Mwai Kibaki and Chief Justice, Willy Mutunga at his swearing-in ceremony. State House, Nairobi.

Below: The Chief Justice, Dr Willy Mutunga, takes Oath of Office at State House, Nairobi.

Below: Dedan Kimathi’s widow, Eloise Mukami, follow proceedings at the inauguration of President Uhuru Kenyatta and his Deputy William Ruto at Kasarani Sports Centre, Nairobi.

The Judiciary

121

Above: Chief Justice Willy Mutunga and Dr. Christian Turner, The British High Commission to Kenya during a public lecture at Strathmore.

Above: Presidential Election Petition hearing at the Supreme Court, Nairobi.

Below: Former Chief Justice Evans Gicheru receives a gift from the Chief Justice Willy Mutunga.

Below: Newly qualified lawyers wait to be sworn-in as High Court advocates at the supreme Court, Nairobi.

122

The Judiciary

Above: The Chief Justice, Dr Willy Mutunga, pose for a group photo with the newly sworn-in advocates to the Roll.

Above: The Deputy Chief Justice, Kalpana Rawal, crowns the winning inmate at the Lang’ata Women’s Prison.

Below: Student leaders welcome the Chief Justice at UON during a lecture by Prof. Ali A. Mazrui.

Below: The Chief Justice, Dr. Willy Mutunga hosts Prof. Ali A. Mazrui at the Supreme Court lounge in Nairobi.

The Judiciary

123

Above: A section of judges listen to Prof Ali A. Mazrui during his lecture at the University of Nairobi.

Above: Prof. Ali A. Mazrui and Prof Robert Ivan Martin are welcomed at the University of Nairobi by Chief Justice Willy Mutunga and the University team.

Below: Prof Mazrui and Prof Yash Pal Ghai chat after Mazrui delivered a lecture at the University of Nairobi.

Below: Court in session at Milimani Law Courts.

124

The Judiciary

Prof. Ali A. Mazrui delivers a lecture at the University of Nairobi.

The Judiciary

125

Above: AG Prof Githu Muigai present a souvenir to the family of a departed advocate in Mombasa.

Above: The newly launched Court of Appeal, Kisumu.

Below: Dr Hassan Wario Arero, the Project Coordinator and Cabinet Secretary for Sports, Arts and Culture (left) explains to guests about the Judiciary Museum during the launch of Photo Exhibition at the Supreme Court Building in Nairobi.

Below: Lady Justice Sophia A.B. Akuffo, President of the African Court on Human and Peoples’ Rights (AfCHPR) with Deputy Chief Justice Kalpana Rawal at the Supreme court Building in Nairobi.

126

The Judiciary

Above: The President of the Court of Appeal, Justice Paul Kariuki Kihara, makes his address.

Above: Lady Justice Sophia A.B. Akuffo, President of the African Court on Human and Peoples’ Rights (AfCHPR), speaks at the Supreme Court Lounge during a visit by the Court to the Judiciary.

Below: Justice Richard Mwongo, Principal Judge of the High Court, speaks at a Judiciary function.

Below: Justice Mbogholi Msagha, High Court Judge speaks at a function in Judiciary.

The Judiciary

127

Above: The Chief Justice, Dr Willy Mutunga, with members of the JSC at the newly launched Court of Appeal in Malindi.

Above: The Chief Justice, Dr Willy Mutunga, with local leaders during the launch of the Court of Appeal in Malindi.

Below: The Chief Justice, Dr Willy Mutunga, cuts a ribbon to officially launch the Court of Appeal in Malindi.

Below: Judges and Advocates wait receive the CJ during his visit to the Mombasa Law courts.

128

The Judiciary

Above: The Chief Justice, Dr. Willy Mutunga, in Mombasa with other judges during a ceremony to honor departed advocates.

Above: Supreme Court Judge, Dr Justice Smokin Wanjala, chat with former Mombasa Chief Magistrate, Stephen N. Riechi.

Below: AG Prof. Githu Muigai presents a memento to the family member of a departed advocate in Mombasa.

Below: AG Prof. Githu Muigai presents a memento to the family of a departed advocate in Mombasa.

The Judiciary

129

Court of Appeal Judges attend a training to prepare them to handle election petition appeals arising from cases filed after the March 4, 2013, General

Elections.

130

The Judiciary

Above: The Chief Justice, Dr Willy Mutunga officially opens the Busia High Court.

Above: The Chief Justice, Dr Willy Mutunga, presents the “2013 East Africa Law Society - EALS Senior Lawyer of the Year Award” to Hon. Justice (Prof) Jacton Boma Ojwang’, judge of the Supreme Court, in recognition of his professional achievement and a distinguished Academic Career.

Below: A Judiciary official, Hon. Caroline Kabucho, during the joint road safety operation in Nairobi by the National Transport and Safety Authority (NTSA).

Below: The Judges and Magistrates Vetting Board Chairman, Sharad Rao, gives his speech during the swearing-in of three foreign judges to the board at the Supreme Court, Nairobi.

The Judiciary

131

Above: Relatives who accompanied newly qualified lawyers follow proceedings during admission to the Roll as High Court advocates ceremony, held at the Supreme Court, Nairobi.

Above: A section of lawyers who have been confirmed as Senior Counsel during their confirment to the rank of senior counsel at State House Nairobi. President Kibaki signed and presented letters of conferment to the Rank of Senior Counsel to 15 counsels at State House Nairobi.

Below: A lawyer takes Oath during the admission to the Roll of Advocates at the Supreme Court in Nairobi.Below: The Chief Justice, Dr Willy Mutunga, is assisted by the Kiambu

Governor, William Kabogo,to cut a ribbon to mark the official launch of the newly constructed Gatundu Magistrates Court on March 25, 2014.

132

The Judiciary

Above: The Chief Justice, Dr Willy Mutunga, receives complaint from an inmate.

Above: Prof Robert Ivan Martin speaks to law clerks at the Supreme Court, Nairobi.

Below: The Deputy Chief Justice, Kalpana Rawal, in a group photo with girls of Kirigiti Girls Rehabilitation Center in Kiambu after she handed over assorted sanitary goods to them. Looking on is the institution’s Director Caroline Toweet.

Below: Nyeri County Governor, Nderitu Gachagua (Second Left) listens to an ICT officer from the Nyeri Law Courts, Joel Maina (R), as he explains about some of the court’s services, when the governor visited the Judiciary stand, during the Agricultural Society of Kenya (ASK) shows at the Kabiruini grounds, Nyeri.

The Judiciary

133

Above: Chief Justice Willy Mutunga with a Chinese delegation at his office.Above: A lawyer takes Oath during admission of advocates to the Roll.

Below: Justice Alice Mpagi-Bahigeine from Uganda during their swearing-in ceremony held at Supreme Court to join Kenya’s Judges and Magistrates Vetting Board.

Below: Ms Saadia Abdi Kontoma takes Oath of Office to serve as a Commissioner with the Teachers Service Commission (TSC).

134

The Judiciary

Above: The Chief Justice, Dr Willy Mutunga, presents Scales of Justice to Justice Eliezer Rivlin, former Deputy President, Israeli Supreme Court.

Above: School children visit the Judiciary stand during the Nyeri County ASK show.

Below: The Chief Justice, Dr Willy Mutunga, hands over a copy of the Constitution to George Oraro, during a luncheon with the Senior Counsel to receive feedback on progress and challenges of transformation in the Judiciary.

Below: The Chief Justice, Dr. Willy Mutunga, official launches the Court of Appeal in Malindi.

The Judiciary

135

Milimani Law Courts in Nairobi.

136

The Judiciary

The Judiciary

137

President Uhuru Kenyatta presents a trophy to Stephen Riechi, the Chief Magistrate, Mombasa Law Courts, after the Judiciary

emerged the best in the Agricultural Society of Kenya Chairman’s commendation category during the 2013 Mombasa ASK show.

138

The Judiciary

The Chief Justice Dr Willy Mutunga unveils the judicial performance improvement plaque. Next to him is Ms. Diarietou Gaye, the World Bank

Country Director and Prof Christine Mango, former Judicial Service Commission Vice Chairperson.

The Judiciary

139

140

The Judiciary

The Judiciary

141

The Chief Justice, Dr Willy Mutunga, unveils the Second State of the Judiciary and the Administration of Justice Annual Report 2012-2013 at the Supreme Court Building, Nairobi. Looking on is the Deputy Chief Justice, Kalpana

Rawal, the Chief Registrar of the Judiciary, Anne Amadi, the President of the Court of Appeal Kihara Kariuki and the Principal Judge, Justice Richard

Mwongo.

142

The Judiciary

Above: Hon. Justice (Prof) Jacton Boma Ojwang’(centre) during the launch his book “ASCENDANT JUDICIARY IN EAST AFRICA” at Strathmore University, Nairobi.

Above: A Judiciary official shows a member of public on how to pay fine through the M-PESA enabled mobile service ‘Faini Chap Chap’.

Below: Justice Aggrey Muchelule, judge of the High Court of Kenya, takes Oath of Office as a member of Judicial Service Commission before Chief Justice Willy Mutunga.

Below: Prof Tom Ojienda takes Oath of Office as a member of Judicial Service Commission before Chief Justice Willy Mutunga.

The Judiciary

143

Above: Chief Justice Willy Mutunga (left) presents copies of the Constitution to Kisumu Governor Jack Ranguma when he paid him a courtesy call at his office in Kisumu.

Above: Former President Mwai Kibaki in a group photo with judges of the Supreme Court of Kenya during a farewell luncheon held in his honour by the Judiciary at the Supreme Court Building, Nairobi.

Below: Members of Transition Authority take Oath of Office at the Supreme Court Building before Chief Justice Willy Mutunga.

144

The Judiciary

Above: Chairperson Kenya National Commission on Human Rights – KNCHR Ms Kagwiria Mbogori takes Oath of Office before Chief Justice Willy Mutunga at the Supreme Court Building, Nairobi.

Above: Deputy Chief Justice Kalpana Rawal in a tour of Mombasa Courts.

Below: Chief Justice Willy Mutunga cuts a ribbon to officially open Naivasha High Court. He is flanked by Nakuru Governor Kinuthia Mbugua.

Below: Deputy Chief Justice Kalpana Rawal in a tour of Shimo La Tewa Prison at the Coast.

The Judiciary

145

Bibliography

A publication of the Judiciary, Republic of Kenya (2013), The Judiciary; All About Us. Nairobi .

Andrew Fedders & Cynthia Salvadori’s. (1979) “Peoples and Cultures of Kenya”. Nairobi: Transafrica.

Ciarunji,C., (1997). Oral literature of the Embu and Mbeere. Nairobi: East African Education Publishers Ltd.

Gabriel Lubale, (2012): Court Systems in Kenya.

Justice Abdul Majid Cockar 2012: Doing, non-Doings & Mis Doings by Kenya Chief Justices, 1963-1998.

Kenya Judiciary: Judiciary Transformation Framework 2012- 2016.

Kenya Judiciary: First Annual Report; The State of the Judiciary and the Administration of Justice in Kenya, 2011-2012.

Njuguna Gichere and Isaiah Muchoki - Ambeere Rituals in Conflict Management: Effectiveness or Reverence.

Odiwuor Kelly & Eunice A. Kelly: Courts System in Kenya.

Paul Swanepoel,(2010): Indifferent Justice? A History of the Judges of Kenya and Tanganyika, 1897-1963: University of Edinburgh.

Ramnik Shah, (2011): Politics of the law in Kenya; A Historical Perspective: Pambazuka news.

Sarah Kinyanjui: Restorative justice in traditional pre-colonial “criminal justice systems” in Kenya: Tribal Law Journal Vol.3.

The Judiciary: All About Us, 2013.

The Judiciary’s Official Website: www.judiciary.go.ke.

The Kenya constitution 2010: Office of the Attorney General of Kenya.

Zand Graphics Ltd. Nairobi.

The Judiciary

146

The Judiciary

147


KE

NY

A J

UD

ICIA

RY

A J

ou

rn

ey

Th

ro

ug

h T

ime

T H E K E N YA J U D I C I A RY

�e Kenya Judiciary at a Glance

REPUBLIC OF KENYA

T H E J U D I C I A R Y

Supreme Court Building, City Hall Way,P.O. Box 30041 - 00100, Nairobi, Kenya.

Tel: +254 20-2221221

[email protected]

coffe table book judiciary aug 2015

Documents