This archive report was first published on 7 July 2021.
On July 7, 2021, Chief Justice Martha Koome marked the inaugural sitting of the reconstituted Supreme Court of Kenya, emphasizing the court's commitment to social justice and its role in guiding the country towards a more democratic and egalitarian society.
The Constitution, adopted in 2010, serves as the foundation for Kenya's law and a guiding compass for the country's internal organization and global posture. It reflects the desire of Kenyans to break away from a past marked by authoritarian governance and unequal society, instead striving for a democratic and socially just state and society.
Chief Justice Koome highlighted the court's focus on developing a jurisprudence of social justice, which will be its guiding principle in the next decade. This involves guiding other courts to broaden the administration of justice in a manner that is owned by Kenyans, socially transformative, and empowering for communities.
The court will also prioritize collegiality and civility in its operations, encouraging judges to disagree in a principled manner and promoting a culture of respect and dignity within the judicial process.
Furthermore, the court will settle monumental and troubled questions of law affecting society, ensuring that the justice system operates effectively as intended by the Constitution and laws. This includes issuing directions on the implications of the landmark Francis Muruatetu decision for the smooth and efficient operations of the criminal justice system.
The Francis Muruatetu case is a landmark decision in Kenya's human rights jurisprudence, holding that sentencing is a judicial function and not a legislative one. The court found the mandatory death penalty to be unconstitutional and ordered the re-sentencing of the applicants. The decision has far-reaching implications for sentencing in all criminal cases, and the court will clarify its position on this matter in the coming days.
