Nairobi — African judges have convened in Nairobi to review their judicial performance and explore ways to reform the judiciary to drive continental transformation.
The gathering, organized by the African Judges & Jurists Forum, focuses on promoting judicial independence, enhancing jurisprudence, ensuring electoral justice, and protecting civic space.
The inaugural meeting, opened by Kenya's Chief Justice Martha Koome, saw participation from Justices Isaac Lenaola, Dr. Smokin Wanjala, William Ouko, and former Chief Justices Dr. Willy Mutunga and David Maraga, along with Supreme Court judges from various African nations and prominent jurists. The three-day event is a platform for exchanging ideas and strategies to advance the role of the judiciary.
At the opening ceremony, a policy paper titled "Upholding Judicial Independence in Kenya: Challenges, Context, and Solutions", authored by Tomasz Milej and Evans Oganda for the Friedrich Naumann Foundation for Freedom, was launched. The paper highlights critical issues facing judiciaries across Africa, with Koome emphasizing the financial constraints that undermine their effectiveness.
"Why are judiciaries in African countries the children of a lesser God?" Chief Justice Koome questioned, pointing to the budgetary limitations and threats to judicial independence from the executive in many countries, including Kenya. However, she was optimistic about Africa's evolving judicial landscape, noting that courts are becoming more proactive in providing checks and balances against legislative and executive overreach.
She encouraged her colleagues across the continent to adopt a purposive interpretation of laws, use judicial review to promote accountability, and play a role in fostering social harmony.
"It's time for a paradigm shift so that we do not just sit at the end of the chain, waiting for cases to adjudicate. We must now engage proactively within our communities as connectors and facilitators," Koome urged.
During a panel discussion on the FNF paper, lawyer and publisher Gitobu Imanyara criticized past decisions by Chief Justices Willy Mutunga and Koome to take their oaths at State House instead of the Supreme Court, arguing that such actions weaken judicial independence.
"We are now reaping the fruits of our original acquiescence to the executive. The executive will never accept that their word is not final as long as you continue taking your oath at State House," Imanyara stated.
FNF Senior Project Manager Judie Kaberia echoed these concerns, highlighting efforts to undermine judicial independence across the continent. She commended African judiciaries for standing firm, even under pressure, and warned that a compromised judiciary threatens democracy itself.
"A judiciary that cannot stand apart from political influence cannot protect the rights of the vulnerable. A judiciary that is morally polluted cannot deliver justice to anyone," Kaberia emphasized.
Justice Wanjala offered advice on handling presidential petitions, stressing the importance of case management, early framing of issues, and the use of technology to enhance electoral justice.
Meanwhile, Uganda's Supreme Court Judge, Justice (Prof) Lilian Tibatemwa-Ekirikubinza, urged her colleagues to earn executive respect by upholding judicial independence and resisting the urge to curry favor with political leaders.
"The executive respects you when you are independent. If you think bootlicking will earn you respect, you are mistaken," she asserted, receiving applause from the audience.
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Justice (Prof) Oagile Key Dingake, who serves on the Supreme and National Courts of Papua New Guinea and the Special Court for Sierra Leone, called for collaboration between the judiciary, civil society, and the media. He praised former Chief Justice David Maraga for his commitment to upholding the rule of law during his tenure in Kenya.
"I saw Justice Maraga holding a very lonely press conference, vowing to defend the rule of law with his blood. I was far away, but I knew he had planted a seed," Justice Dingake said.
Throughout the forum, judges discussed the importance of demystifying their role in society, holding colleagues accountable, and ensuring rigorous standards in the selection of judges.
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