Chief Justice Martha Koome has explained the need for early alternative dispute resolution mechanisms outside the courtrooms.
The CJ made the comment on Tuesday, September 17, 2024, after attending the All-African Judges and Jurists Summit currently underway in Nairobi.
“For too long, African judiciaries have been reactive, addressing disputes only after they have fully developed.
“Now, the time has come to shift towards a proactive, upstream approach. Instead of waiting for conflicts to reach our courtrooms, our Judiciaries must engage more with communities to address the root causes of disputes before they escalate into court disputes,” Koome said in a statement posted on her X handle.
The summit focuses on the role of judiciaries in realising Aspiration 3 of the African Union’s Agenda 2063. CJ Koome also noted that the judicial arm of government, at times, has been sidelined in various jurisdictions across the continent.
“Not long ago, African Judiciaries were often sidelined in governance, viewed as peripheral with limited influence. However, the landscape has changed significantly. Courts across the continent now actively safeguard democratic processes, uphold constitutionalism, and defend human rights.
“They adjudicate on critical issues such as presidential election petitions, constitutionality of constitutional amendments, climate justice, and socio-economic rights, among other governance issues. It is clear that African courts are consequential players in shaping the continent’s future, especially in advancing Aspiration 3 of Agenda 2063,” she added.
The Chief Justice also emphasised that African Judiciaries are central to realizing the goals embodied in Aspiration 3.
“In my view, to fulfill our mandate under Aspiration 3, African judiciaries must undertake a number of crucial roles, including the purposeful interpretation of laws, protecting human rights and civil liberties, engaging in robust judicial review of the legality of state action, and enhancing accountability in governance,” she concluded.
Her comments come at a time when the Judiciary and the National Police Service (NPS) are embroiled in a tussle over the sentencing of Acting Inspector General of Police Gilbert Masengeli.
The police boss was sentenced to six months in prison by Justice Lawrence Mugambi, whose security detail was later withdrawn.
