Deputy Chief Justice Philomena Mwilu has emphasised the need for Kenyans to respect independence of the Judiciary.
She said the courts respect the doctrine of separation of powers and the autonomy of Parliament and the same should be exercised by individuals and institutions.
"Court orders must be respected by all persons and institutions, including all state and public officers," Mwilu said.
"The formulation and enactment of laws is the province of Parliament and no person or agency, or other governmental organ may impede the legislature’s autonomous discharge of that role."
She spoke on Monday at the post-election Seminar for Members of the National Assembly in Mombasa.
The conference was attended by MPs, Speaker Justin Muturi and CJ David Maraga.
Jerry Hartz, the Director of Government Relations and Communications, National Democratic Institute, USA was also present.
The theme of the conference is "Sharing our Experiences to Enhance Good Governance and Continually Safeguard the Welfare of the Nation."
Mwilu said: "That theme encompasses well our primary responsibility: the public interest. The doctrine of rule of law essentially means that ‘people ought to be governed by law."
While quoting Article 1 (3) of the Constitution, the DCJ noted that the respect for the doctrine of separation of powers is necessary for the rule of law to prevail in a democratic society.
She said respect for the rule of law is what forms the foundation a democracy.
Her remarks came when country is still reeling from numerous instances where court orders have been disregarded by the government and state organs.
This included failure by Interior CS Fred Matiang’i and Director of Immigration Gordon Kihalangwa to present in court or release lawyer Miguna Miguna.
The government instead deported him to Canada on claims that he wasn’t a Kenyan citizen.
Other examples where court orders have been disregarded are the failure by government to reinstate the passports and security of seven NASA leaders.
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Mwilu said Chief Justice David Maraga, herself and the entire judiciary are committed to building a strong judicial system that is transformative.
She said they are addressing complaints that have been raised by litigants concerning backlog of cases, access to justice, delays, corruption, bail, bond and sentencing.
"We are acting on each of these issues. We have been undertaking an extensive programme of court construction. We are expediting court proceedings through active case management and the harnessing of ICT for example through e-filing," Mwilu said.
She said reduction of backlogs is being done through judiciary service weeks, alternative dispute resolution and robust case backlog clearance strategies.
She said an Anti- Corruption division of the High Court has also been set up and the number of judges and magistrates increased in the anti-corruption courts.
"We have developed and are implementing guidelines on Bail and Bond and Sentencing to ensure our actions in these areas are rationalised and streamlined. These are but a few of the areas we are addressing and initiatives we are undertaking to improve service delivery in the Judiciary."
Mwilu sent out a plea to Parliament to increase budgetary allocation to the Judiciary to enable it undertake the execution of justice effectively and expeditiously.
"We have the reports and strategies and are ready to justify," she said.
In January last year, Maraga launched a comprehensive strategic blueprint for the Judiciary dubbed “Sustaining Judiciary Transformation: A Service Delivery Agenda 2017-2022”.
The ambitious document was meant to ease access to justice by all Kenyans through the transformation into a better, modernized and responsive system.
Amongst the strategies contained in the blueprint include sustaining the fight against corruption by strengthening the Office of the Judiciary Ombudsman (OJO) and expanding and strengthening the Judiciary Leadership Advisory Council.
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