Supreme Court judges set for India Judicial exchange programme

January 6, 2015 1:21 pm
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The exchange programme with the Supreme Court of India is the second in a series of three transitional judicial dialogues the Kenyan apex court has been undertaking with the support of the Ford Foundation. Photo/FILE.
The exchange programme with the Supreme Court of India is the second in a series of three transitional judicial dialogues the Kenyan apex court has been undertaking with the support of the Ford Foundation. Photo/FILE.
NAIROBI, Kenya Jan 6 – All seven judges of the Supreme Court of Kenya are set to begin a seven-day official visit to India on Wednesday.

The judges, led by Chief Justice Willy Mutunga, will engage their counterparts on various aspects of constitutional development and jurisprudence as part of judicial learning.

The exchange programme with the Supreme Court of India is the second in a series of three transitional judicial dialogues the Kenyan apex court has been undertaking with the support of the Ford Foundation.

The first engagement was held with judges of the Supreme Court of Justice of Colombia in 2013, while the last is expected to bring them into contact with the South African Constitutional Court.

A statement from the judiciary stated a key highlight of the programme will be reviewing the approach of the Indian Supreme Court, which is an established constitutional jurisdiction, to matters of public interest. The interaction will offer the judges insights into how Kenyan and Indian jurisdictions work, thereby improving their knowledge and understanding of the justice systems in the two countries.

India and Kenya share the Common Law tradition, and the exchange will provide the judges with an opportunity to learn from some of the innovative approaches the Supreme Court of India has employed, especially in public interest and constitutional litigation. It is hoped that the programme will enable the judges to advance the frontiers of Kenyan jurisprudence from a comparative as well as indigenous perspective.

The judges will reflect on, among other issues, the role of the Supreme Court in the resolution of political questions in contentious constitutional litigation, as well as the role of the Court in the protection of the Constitution.

Registrars and clerks will accompany the judges to learn about effective case management and the effectiveness of the clerkship system in a bid to draw best practice.

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