SPEECH - INDUCTION HIGH NEW JUDGES.pdf - The Judiciary

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extremely hard working representative in Judge Lenaola. You should always raise your concerns with him and above all come up with solutions to problems that will benefit the judiciary. Promoting robust jurisprudence I have discussed the role of the High Court in the implementation of the new constitution. We should assume that not all your decisions will be appealed against in the superior courts. We must get it right from the start. We have to conference, share views on legal issues before us, and create a robust jurisprudence that makes the law certain. We have systems in place that can help know what our sisters and brothers are deciding on some issues. There is no reason for us a jurisprudence of leadership in various aspects of the lives of our people. I believe we have an opportunity under the new constitution to give leadership, through proper interpretation of the law and constitution, on critical matters that are burning in the nation. The constitution in my view shuns staunch positivism and encourages innovation and creativity. A cursory reading of Article 10 of the constitution will give you an idea of what I am talking about. In this regard I hope we will be able to revisit and understand the concept of judicial activism that I believe is misunderstood in the corridors of our judiciary. Judicial etiquette and new value system JTI should be able to give you the final draft of our judicial ethics and code of conduct. We have material that will determine our value system as judicial officers. We now have a legal and moral code that governs our behavior. As we talk about the public perception of the judiciary our value system as individuals and collectively as judicial officers is critical in changing those perceptions. 4
I do not expect the judiciary to be a convent. We must tell Kenyans what we do and what we cannot do. I believe leaving the church before the service is over so that you do not create a perception that you are not independent is ridiculous! You must talk to the congregation. If any of them has the audacity to talk about their cases in court you simply tell them it is not done. I believe we will be believed by Kenyans if we interact with them and let them know that justice is not for sale. I expect you to give that message to your family, your friends, relatives, club members and people you meet in schools and places of religious worship. We must demystify the “status” of a judge; stop calling courts “ours” since they are now public courts. We need to exhibit modesty, humanity, caring, and patience as we hear cases. It will do no harm to have eye contacts will counsel and the parties. I have been in courts where our colleagues do not even look at the accused persons in the dock who may be bloodied up and need to be taken to hospitals! The role of JTI JTI must become our judicial think-tank, an institute of excellence, the nerve centre of robust and patriotic jurisprudence. I know many of you have great skills and expertise that can benefit JTI, the judiciary and the country. JTI will map these skills and expertise so that we have internal direction that can be reinforced by external interventions. I would like to see JTI host conferencing on critical issues attended by judges and magistrates where our collective intelligence can benefit the country. JTI will the institution where both mentorship and peer reviews are discussed. JTI must own its facilities and gradually become an institute of higher learning. I salute the vision, drive, commitment of Judge Kariuki and the invaluable assistance and insights that Judge Mureithi 5
Page 1 and 2: Address to new Judges Chief Justice
Page 3: It is common knowledge that divisio
Page 7: I am convinced that a critical benc

SPEECH - INDUCTION HIGH NEW JUDGES.pdf - The Judiciary

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