CJ Koome calls for strengthening of governance institutions to bolster democracy

NAIROBI, Kenya, Nov 4 – Chief Justice Martha Koomehas called for building of strong and robust institutions that will serve as catalysts for national progress and development.

Speaking during the opening ceremony of the inaugural Supreme Court Conference and Exhibition to mark the court’s 12 years of existence, the CJ noted that the establishment of the Supreme Court as the ultimate interpreter and guardian of the Constitution, embodies the expectation that the Court provides stability, certainty, and predictability in resolving the inevitable conflicts that arise within the society.

“At the heart of this conference is the idea that institutions matter. They are the anchors of our democratic aspirations,” the CJ said.

The CJ observed that over the past 12 years the Supreme Court has played a transformative role, shaping both Kenya’s jurisprudence and the country’s socio-political development and cited the Court’s landmark judgments that have influenced the daily lives of Kenyans while reinforcing the core principles of democracy.

The Supreme Court heard and determined four Presidential Election Petitionsover the last three election cycles, setting critical benchmarks for conducting free, fair, and transparentelections.

Through landmark Advisory Opinions on devolution and the relationship between the bicameral houses of Parliament, the Supreme Court developed guiding frameworks that clarified interactions between the National Assembly and the Senate, reinforcing devolution as a cornerstone of Kenya’s transformative Constitution.

“Through defining the parameters for constitutional amendments in the BBI Case and establishing principles of public participation in the BAT and Finance Act, 2023 Cases, the Court’s jurisprudence has strengthened the democratic foundations of governance and harmonizing the Judiciary’s benchmarks on the area of public participation that still requires Parliamentary action,” added the CJ.

Chief Justice Koome cited the Supreme Court’s decisions that have directly addressed issues of land rights, human rights, social and economic justice, and family law. “The jurisprudence in Dina Management, Torino, Fanikiwa, and Isaack M’Inanga Kiebia has addressed the perennial problem of land grabbing, developing bedrock principles that ensure security of tenure, equitable access to land resources and recognizing the place of customary trust in registered land,” she explained.

She said the Supreme Court’s housing rights jurisprudence in the Mitubell and Musembi cases reflects the Court’s commitment to socio-economic rights. The Court’s family law judgments in cases like Ogentonto and Mary Nyambura Kangara underscore its dedication to upholding the family as the cornerstone of society.

“As the Supreme Court celebrates 12 years of its work and impact, the road ahead requires renewed vigour, unity of purpose, and a deep-seated commitment to justice. I assure Kenyans that the Supreme Court will stand rock solid as a constant guardian of the Constitution and the rule of law in changing times. The Court will continue to be a beacon of justice, a champion of constitutionalism, and a defender of the rule of law going into the future.” CJ Koome affirmed.

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