Martha Koome will make her debut as president of the Supreme Court on Tuesday and every nuance of her performance will be scrutinised.
Kenya's first woman CJ has said several times that she and the court will be scrupulously independent and reject all pressure.
The nine-member apex court is now fully constituted following the appointment of Koome and justice William Ouko, who formerly, was the president of the Court of Appeal.
During the virtual sitting, the court will hear 20 cases, including 19 appeals and two references, between July and October.
The cases include the famous Muruatetu case, which featured prominently during interviews for the position of Chief Justice.
The decision of the Supreme Court of Kenya in Francis Karioko Muruatetu and Another v. Republic (Muruatetu), found the mandatory nature of the death penalty unconstitutional.
In December 2017, the court did not declare the death penalty unconstitutional.
It ruled, however, that the mandatory application of the death penalty was unconstitutional because it deprived judges of discretion and consideration of mitigating circumstances during sentencing.
It removed judicial discretion to consider mitigation before sentencing in murder cases.
The case is back in court, seeking the direction of the Supreme Court on how it can be applied by other courts in sentencing.
The court ruled that mitigation was an essential prerequisite of a fair trial process which is a guaranteed, inalienable right under the Constitution.
Principles of the ruling are already being applied by courts below the Supreme Court, including the Court of Appeal, the High Court and magistrate’s courts.
The Supreme Court's role is critical because it is the precedent-setting court. It has an obligation to ensure its decisions are understood by courts below it to guarantee consistent and predictable application of the law.
Convicts sentenced under mandatory death sentences, including robbery with violence, have jammed the courts seeking sentence re-hearing.
In September 2020, the Court of Appeal allowed 120 applicants who were on the death row or facing life imprisonment to withdraw their appeals to pursue re-sentencing.
Since the landmark Muruatetu case, more than 500 appeals have been withdrawn, with convicts seeking resentencing.
CJ Koome, who assumed office a month ago, is Kenya’s third Chief Justice under the 2010 Constitution.
She joined the High Court in 2003 following several decades in legal practice and in civil society before she was elevated to the Court of Appeal in 2011.
Koome has said that as chief justice, her focus is on preserving the integrity of the family unit, safeguarding children's rights and enhancing broader access to justice by the masses in what she has called a 'bottom-up' model.
A statement from her office said her focus is particularly on clearing the backlog of cases to ensure courts operate in real-time.
Observers term her efficiency as impeccable, as she has led court stations in Nakuru, Nyeri, Kitale and Malindi to clear case backlogs. She established collaborative judicial structures to manage and facilitate court users.
Her priorities during the first 100 days in office include restructuring the caseload, status tracking and putting the the Judiciary Fund into operation to emphasise predictive resourcing and planning.
As the CJ, Koome is the foremost judge, chair of the Judicial Service Commission and President of the Supreme Court. She also chairs the National Council of Administrative Justice and the Kenya National Council for Law Reporting.
(Edited by Bilha Makokha)
