MOMBASA, Kenya, Apr 14 – Deputy Chief Justice Philomena Mbete Mwilu has commended the High Court for its vital role in steering Kenya’s devolution journey over the past 15 years, underscoring its impact on governance, justice, and constitutionalism.
Speaking at the 2025 High Court Leaders’ Conference, DCJ Mwilu highlighted the Court’s contributions in shaping the legal and operational framework of devolution since the promulgation of the 2010 Constitution.
“The High Court’s jurisprudence has been instrumental in defining the architecture of devolution and strengthening the principles of equity, inclusivity, and justice at both national and county levels,” she said. “Its presence in all 47 counties is a clear testament to the Judiciary’s commitment to bringing justice closer to the people.”
Mwilu noted that the decentralization of High Court services has not only improved access to justice but also enhanced public trust in the rule of law. She praised the judiciary’s role in clarifying the boundaries of power between national and county governments, resolving intergovernmental disputes, and safeguarding constitutional rights at the grassroots level.
Reflecting on the theme of the conference, “15 Years of Devolution: The High Court’s Role in Shaping Governance”, Mwilu encouraged judicial leaders to embrace the spirit of devolution by tailoring justice delivery to local contexts.
“Leadership that ignores context is like a map with no landmarks—misguided at best, dangerous at worst,” she remarked. “Each presiding judge must lead in fostering a local legal culture that reflects the unique dynamics of their communities.”
She also emphasized the close alignment between the objects of devolution under Article 174 of the Constitution and the Judiciary’s transformation agenda—from the Judiciary Transformation Framework (JTF) to the current Social Transformation Through Access to Justice (STAJ).
Calling for “absolute accountability,” the Deputy Chief Justice reminded judges of their oath to serve the people diligently and uphold the Constitution without fear or favour.
Mwilu concluded by acknowledging the ongoing challenges facing the devolution process and urged the High Court to remain vigilant and innovative in its oversight role.
“The next phase of devolution demands fresh approaches to service delivery, conflict resolution, and rights protection. The High Court must remain a steadfast guardian of constitutionalism and local empowerment,” she said. Senate Speaker Amason Kingi said the theme of the conference is timely and reasonable and that it invites participants to reflect on how far the country has come since the promulgation of the new constitution and how institutions especially the Senate and the Judiciary have nurtured devolution.
High Court Principal Judge, Eric Ogola said the High Court has established itself as a leader in the devolution of judicial services, now proudly present in all 47 counties across Kenya—most recently marked by the gazettement of the Wajir High Court Sub-Registry on 2nd April 2025. “The establishment of High Court services in every county is a key pillar of the Judiciary’s Blueprint for Social Transformation through Access to Justice, ensuring that every Kenyan, regardless of their geographical location, has access to timely and fair judicial services,” said Justice Ogola.
Speaking at the same forum, Chief Registrar of the Judiciary Winfridah Mokaya highlighted the role that the Judiciary has played in strengthening devolution. “The High Court has remained steadfast—ruling on impeachment processes, intergovernmental disputes, budgetary disagreements, and the balance of power between the two levels of government,” she observed. She lauded the judges for demonstrating courage, integrity, and fidelity to the Constitution—even when it was not politically convenient to do so.
Others who addressed the forum are, Mombasa Deputy Governor Francis Thoya and Employment and Labour Relations Court Principal Judge Byram Ongaya. The conference brought together High Court judges and Deputy Registrars from across the country for a series of discussions on devolution, governance, and the future of justice in Kenya.
