Untitled - Africa Centre for Open Governance
Untitled - Africa Centre for Open Governance
Untitled - Africa Centre for Open Governance
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Specific re<strong>for</strong>m initiatives<br />
Noteworthy re<strong>for</strong>ms have taken place at the Judiciary since the appointment of the new CJ.<br />
One significant initiative relates to the structure of the court. Whereas the structure of the court<br />
previously concentrated power on the CJ, and to some extent on the Registrar of the High Court,<br />
the new structure of the court is more decentralized, with the Supreme Court and the Court<br />
of Appeal having their own Presidents and the High Courts having a Principal Judge at their<br />
respective helms. An Ombudsperson was also appointed to receive and respond to complaints<br />
by staff and the public. In just three months, the office received over 700 complaints of various<br />
categories. 5<br />
The Judicial Service Commission (JSC) released a Code of Ethics and Conduct <strong>for</strong> judicial officers,<br />
and established a standing committee to handle en<strong>for</strong>cement and disciplinary issues. This action<br />
was particularly important due to the corruption and abuse of office that had taken hold in the<br />
Judiciary.<br />
Further, the Judiciary has sought to leverage technology so as to facilitate its primary mandate:<br />
the administration of justice. By the end of October 2011, the Judiciary had completed digitizing<br />
60 million pages of cases <strong>for</strong> the High Court across Kenya while the Court of Appeal had digitized<br />
10,000 records covering the years 1999 to 2010. 6 A process of creating an electronic-based system<br />
<strong>for</strong> monitoring and tracking overdue judgments and rulings with a view to taking remedial action<br />
was also initiated in order to reduce the incentive <strong>for</strong> corruption through queuing. In addition,<br />
the judiciary embarked on a major computerization programme to ensure that proceedings are<br />
recorded electronically. One of the aims of the computerization programme is to establish the<br />
Supreme Court as a paperless Court. 7<br />
5 Dr. Willy Mutunga, Progress Report on the Trans<strong>for</strong>mation of the Judiciary - The First Hundred and Twenty Days,<br />
http://www.kenyalaw.org/kenyaLawBlog/p=227 (October 2011)<br />
6 Ibid<br />
7 Ibid<br />
6