Kenya’s Judiciary Must Uphold Its Constitutional Mandate: An Appeal for Reform
By John Waithaka
Article 10 of the Constitution of Kenya enshrines social justice and the rule of law as the cornerstone of our national ethos. These principles form the foundation of our social contract and underpin the autonomy entrusted to the Judiciary. This autonomy includes institutional, operational, and administrative independence, along with the decisional independence accorded to each judge to uphold justice impartially.
However, the recent conduct of the Judiciary paints a disheartening picture. For many Kenyans, the Judiciary’s actions—or lack thereof—have eroded the trust once placed in this critical institution. While the Law Society of Kenya (LSK) has consistently championed a free and independent Judiciary, we cannot ignore the internal crises that continue to undermine its integrity. From pervasive corruption and incompetence to indifference and complicity with government impunity, these challenges have derailed our nation’s progress towards true constitutional consolidation.
The time for introspection and corrective action is long overdue. The Judiciary must undertake a comprehensive overhaul of its complaint and assessment mechanisms to ensure timely and effective resolution of grievances, whether they concern the institution as a whole or individual judicial officers. Addressing these issues promptly and transparently will help restore public confidence in the justice system.
At the same time, we call on the Independent Policing Oversight Authority (IPOA) and the Kenya National Commission on Human Rights (KNCHR) to lead an urgent inquiry into the unresolved human rights violations committed against Generation Z demonstrators earlier this year by members of the National Police Service. Justice delayed is justice denied, and those responsible for these atrocities must be held accountable.
Kenya’s Judiciary is a pillar of democracy and a bulwark against tyranny. Its failures risk dismantling the very ideals it was established to protect. As the Law Society of Kenya, we reaffirm our commitment to supporting the reforms necessary to restore the Judiciary’s credibility and strengthen our constitutional democracy. It is time for bold action, unwavering accountability, and a renewed commitment to justice for all Kenyans.
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