Fifteen years ago, Kenya took a leap of faith. The Constitution of Kenya, 2010, was not just a document; it was a blueprint for a new society—a promise of good governance, social justice, human rights, and accountability.
This week, as the nation marked its 15th anniversary, Chief Justice Martha Koome stood before a gathering at the Nation Media Group’s Katiba Day celebration to reflect on how far we’ve come.
For the Judiciary, the Constitution was a revolution. It granted the courts a new, unshakable independence and placed the promise of justice for all at the very heart of its mission.
As Chief Justice Koome rightly noted, we can now look back with immense pride at the distance we have travelled.
The path has not been easy, but the Judiciary’s journey of reform has been a relentless pursuit of the Constitution’s promise.
It began with the Judiciary Transformation Framework (JTF) under former Chief Justice Mutunga, was sustained by the Sustaining Judiciary Transformation (SJT) under CJ Maraga, and continues today with the Social Transformation through Access to Justice (STAJ) strategy, a roadmap guiding reforms through 2033.
The result of these reforms is a Judiciary that has found its voice. According to Koome, our courts have demonstrated an unwavering courage in defending the Constitution, earning respect not just at home, but across Africa and beyond.
She cited landmark rulings that have shaped our nation’s history, from the Supreme Court’s defense of the people’s sovereignty in the BBI case to the groundbreaking ruling upholding freedom of association for the LGBTQ+ community.
The Mitu-Bell and Musembi decisions on housing rights and the abolition of the mandatory death penalty in the Muruatetu case stand as powerful testaments to a judiciary committed to social transformation.
But this transformation goes beyond the courtroom. The promise of justice has been brought closer to the people.
High Court stations and registries have been established in all 47 counties, ending the days when citizens had to travel vast distances just to access legal services.
Perhaps the most dramatic change has been the embrace of technology. From a new e-filing system that allows Kenyans to file cases and pay fees online, to virtual hearings that have replaced paper-based processes, the Judiciary is breaking down barriers one digital innovation at a time.
The result is a more transparent, efficient, and accountable justice system—one where justice is just a few clicks away.
Yet, as the Chief Justice acknowledged, the journey is far from over. The Judiciary still battles with chronic underfunding, a persistent backlog of cases, and new threats to its independence, including cyberbullying and coordinated misinformation campaigns targeting judges.
“Criticism of court decisions must follow lawful channels, not digital harassment,” Koome cautioned, reaffirming the Judiciary’s commitment to internal accountability, with the Judicial Service Commission (JSC) having handled nearly 1,000 complaints since 2010.
In a powerful closing, Koome called for increased budgetary support, arguing that the Judiciary’s current allocation of less than 1 percent of the national budget is a fundamental challenge to its ability to fulfill its mandate.
The Chief Registrar of the Judiciary, Winfridah Mokaya, echoed this sentiment, stating that the Judiciary’s role is to “fiercely and constantly patrol the boundaries of the Constitution.”
