Judge Isaac Lenaola has asked his
East African counterparts
to carefully balance their quest for independence with impeccable exercise of judicial responsibility.
The Supreme Court justice noted on Thursday that this will restore trust in them.
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Citing events that followed September 1's nullification of the presidential election, Lenaola said constant attacks and criticism by all and sundry undermine their independence.
"The government is not always the villain when it comes to violating judicial independence," he told the
East African Magistrates and Judges Association conference in Kigali, Rwanda.
"There are cases of private entities in commercial courts infringing on judicial independence. Sometimes even the administration of the judiciary itself is to blame, with unwarranted transfers, tramped up complaints against judicial officers and so on."
The judge further said courts should avoid playing referee for each other to the extent that a divisional head demands particular approaches to decisions.
"What of interference from colleagues? How many times do we seek favours from each other? Are superior courts such as Courts of Appeal and Supreme Courts immune to peer pressure?" he asked.
"What of principal judges and heads of courts? Do we prefect our juniors to the extent that, in seeking favours, they consult us before making hard decisions?"
Lenaola noted that judicial independent is
a precious pillar of any democracy and that without it, democracy collapses.
"We must guard it with all our might.
We have a duty. We have a calling. And if we are to maintain our independence, then we must be informed only by the oath of office that we take, and the dictates of the system that we serve."
Chief Justice David Maraga and top members of the judiciary in the region are attending the summit which will end on Friday.
On Wednesday, they discussed the challenge of corruption and shared experiences from each country. Kenya’s efforts to digitise case management systems was also discussed.
The country is expected to host next year's meeting. The annual forum deliberates
on ways of making the delivery of justice more efficient.
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