NAIROBI, Kenya, Dec 15 – Chief Justice Martha Koome has called on the East African States to build strong judiciaries to secure the rights of citizens, especially the vulnerable within their jurisdictions.
Koome said Wednesday during the joint symposium of the East African Judicial Education Committee and the East African Chief Justice’s forum that courts have a role in the construction of ‘socially just states and societies’ as envisioned in the constitution.
“It is notable that most constitutions in the region provide for either “Social and Economic Rights” in their Bills of Rights or “Directive Principles of State Policy.” This speaks to a consciousness that basic socio-economic goods are crucial to the well-being of citizens especially the vulnerable groups who must be aided to access these material goods,” said Koome.
“This imposes a burden on Courts to develop “Social Justice’ jurisprudence that responds to our people’s material living conditions and plights,” she added.
The Chief Justice pointed out that the theme of the event, “Courts as Tools of Economic Development and Social Transformation,” is a confirmation that the law is, “an important tool for effecting economic and societal change”.
She added that the project of regional integration is informed by the common desire to improving the living standards of citizens of the partner countries.
Koome stated that the place of courts in fostering the realization of the vision of the region can only be appreciated when the principle of the rule of law is upheld and observed in governance.
“By articulating the “rule of law” as a Fundamental Principle of the Community. Article 6 of the EAC Treaty envisages that the law will not only play a role in the project of regional integration but will also be harnessed as an instrument for the realization of the community’s quest for economic and social development,” she added.
Adan Mohamed, Cabinet Secretary, Ministry of EAC and Regional Development/Judiciary Media Service
CJ Koome reiterated that the law plays a critical role in the country’s pursuit of economic development.
She called on governments to harness the role of courts in enforcing contractual obligations and protecting property rights to realize economic development.
“To foster economic development, courts must adopt an adjudicative and interpretive stance that promotes the national goal of creating a favorable investment climate for both foreign investors and domestic entrepreneurs to enable capital inflow and investment in the local economy,” Koome stated.
She added that an inefficient and ineffective judicial system “ties up enormous amounts of money and assets in the court system that cannot be invested or used to generate economic benefits”.
“Such a poorly functioning justice system becomes an obstacle to national development,” she added.
The Chief Justice stated that under the ‘Social Transformation through Access to Justice’ vision, the Kenyan Judiciary has embarked on an ambitious project of institution-building aimed at putting in place an accessible, efficient, timely and cost-effective justice system.
“We aim to have in place adequate court stations which are adequately staffed to ensure that our goal of having all cases in trial courts concluded within three (3) years, and those in appellate courts concluded within one (1) year and within 60 days in the Small Claims Courts, in realized and maintained,” she said.
Koome said that the Kenyan judiciary has also adopted a “multi-door” approach that promotes alternative channels for dispute resolution beyond court litigation.
She added that her office is encouraging and supporting arbitration, mediation, Alternative Justice Systems (AJS), and Small Claims Courts as legitimate avenues for accessing justice.
President Uhuru Kenyatta, in remarks delivered on his behalf by Cabinet Secretary in charge of EAC Affiars, Adan Mohammed, said his government recognizes that the “rule of law” is a key component of economic development.
“We have also sought to harness the “law” to serve as a key facilitator of our quest for sustainable economic growth,” he said.
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