This archive report was first published on 13 December 2019.
Kenya's Judiciary has long been plagued by a lack of autonomy, with the State exerting undue influence over the courts. This has led to a decline in public confidence in the Judiciary, with many Kenyans questioning the impartiality of judges and magistrates.
According to the Building Bridges Initiative report, one of the key recommendations for increasing public confidence in the Judiciary is to give it full autonomy. This means that the Judiciary should be free from interference by the State, allowing it to operate independently and make decisions without fear of reprisal.
However, this is easier said than done. The State has a long history of interfering in the Judiciary, with politicians and government officials often using their influence to sway court decisions. This has led to a culture of impunity, where those in power feel they are above the law.
One notable example of this is the 2017 incident in which a bodyguard of Deputy Chief Justice Philomena Mwilu was shot in Nairobi. The incident was widely seen as an attempt to intimidate the Judiciary and prevent it from making decisions that might be unfavorable to the government.
To address this issue, the Building Bridges Initiative report recommends that the Judiciary should be given full autonomy, allowing it to operate independently and make decisions without fear of reprisal. This can be achieved by making the police service an independent institution capable of executing its core functions.
By doing so, the Judiciary will be able to provide a fair and impartial justice system, which is essential for building public confidence in the courts. This is a crucial step towards creating a more just and equitable society in Kenya.
