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76 State of Judiciary 2011-2012
Chapter 7
NATIONAL COUNCIL FOR THE ADMINISTRATION OF JUSTICE
7.1 Background
The successful administration of justice requires all actors in the
justice chain to perform corresponding and complementary roles.
For a long time, the administration of justice in Kenya had been
hindered by institutional dissonance and a silo mentality. The
absence of a legal framework and financial, human, infrastructural
and organizational capacity gaps only exacerbated the situation.
The enactment of the Judicial Service Act, 2011, paved the way
for the National Council on the Administration of Justice (NCAJ),
which was launched in August 2011.
The Council opened up a forum for candid consultations and
vigorous debate between the various actors who had themselves
been commanded by the Constitution to undertake significant
institutional transformation. NCAJ is mandated to ensure a
coordinated, efficient, effective and consultative approach in the
administration of justice as part of the transformation of the justice
system. The Council has held six meetings, one each quarter as
required by statute and these regular consultations have not only
rejuvenated the relations between justice sector players but also
provided a platform for deliberation and resolution of hurdles in
the pursuit of NCAJ’s mandate.
7.2 Roles and Membership of the NCAJ
NCAJ seeks to establish a unified justice sector that serves the
people while upholding the values of collective responsibility, interdependence,
service, constitutionalism and mutual accountability.
Section 35 of the Judicial Service Act, 2011, empowers the Council
to formulate policies relating to the administration of justice;
implement, monitor, evaluate and review strategies for the
administration of justice; facilitate the establishment of Court Users
Committees (CUCs) at the county level; and mobilise resources
for purposes of the efficient administration of justice.
7.3. Achievements
Under the leadership of the Chief Justice, the Council established
a Special Committee on Reforms that reviewed legislation on
the Kenya Police Service and advised on amendments to align