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Kenya: Constitutional Realisation Should Focus On Creating a Socially Just State and Society

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 27 August 2021.

Kenya's Constitutional Journey: A Path to Social Justice

As we mark the 11th anniversary of the adoption of the Constitution of Kenya 2010, it is essential to reflect on our progress in realizing its vision.

Since its adoption, the Constitution has been a beacon of hope for a democratic, egalitarian, and accountable state and society. Its principles and values embody the Kenya that our people want.

Over the past decade, Kenya has made significant strides in transforming the judiciary, devolving power, and infusing a culture of human rights in our polity. Despite challenges in enforcement, the rights of Kenyans are now generally better protected, and the jurisprudence from our courts has pursued a systematic interpretation approach that pays attention to Kenya's social, historical, and aspirational context.

However, there is still a challenge in ensuring that the judiciary, constitutional commissions, and independent offices are adequately resourced to carry out their statutory mandate efficiently.

As we embark on the second decade of implementing the Constitution, it is crucial that we focus on creating a socially just state and society. This requires us to live the ideals embodied in the Constitution, such as ensuring that its values radiate and permeate all spheres of our society.

One area that requires attention is access to justice. The Judiciary recognizes that the doorways to justice must be revived, reformed, and renewed to meet the needs of Kenyans. Registries, Magistrates Courts, Tribunals, Small Claims Courts, and avenues of alternative dispute resolution must be aligned to the ethos of public service by way of physical infrastructure and the service software necessary to inspire confidence and facilitate access.

As the Chief Justice and President of the Supreme Court of Kenya, I am committed to championing the Constitution and ensuring that its ideals are realized. The Constitution remains our roadmap to the future, and we should continuously strive to live up to its ideals.

— Hon. Justice Martha Koome, EBS, Chief Justice and President of the Supreme Court of Kenya

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