• Mwilu says independence comes with responsibility
• Says progress has been made but more needs to be done
Image: COLLINS KWEYU
Deputy Chief justice Philomena Mwilu yesterday urged the Judicial officers to work independently and be individually accountable to every decision they make.
She said the independence of the courts cannot be gainsaid but added that officers must appreciate that it comes with responsibilities.
“We are accountable through our decisions, which must be impartial, judicious, clear and reasoned. We are also held accountable through a range of institutional mechanisms that include performance management and measurement understandings, the Office of the Judiciary Ombudsman, court users committees, and leadership management teams,” Mwilu said.
She spoke during the official opening of the 2019 Environment and Land Court (ELC) Annual Judges Conference in Shanzu, Mombasa. The event started on Tuesday and ends on Saturday.
Mwilu said accountability, professional calling and the oath of office are distinct but mutual elements of the judicial function.
The multifaceted, extensive and complex principle of judicial independence is the cornerstone of the judicial function and the foundational pillar of any society premised on the rule of law, human rights and democracy.
The DCJ said Chief Justice David Maraga, in his strategic blueprint for the Judiciary, highlighted enhancing institutional and individual accountability as key interventions towards improving services to court users.
She said the ELC has made significant progress on case clearance, increasing the rate from 45 per cent in 2016 to 135 per cent in 2018. Relatedly, productivity improved from 160 cases per judge to 232 cases across the same period.
“Total case backlog stands at 19,188, with case backlog for cases five years old and above increasing from 4,146 in December 2016 to 4,814 in February 2019. According to the 2017-18 PMMU report, only 64 per cent of rulings and judgments in the ELC are delivered within 60 days. Only 73 per cent of the judgments in the ELC were delivered as first scheduled in FY 2017/18.
She said that though the average case clearance rate might reflect progress, the reality is that amongst the stations with the most caseload, the backlog is increasing. Eldoret has a case clearance rate of 83 per cent, Milimani 79, Malindi 76, Nakuru 46 and Thika 34.
Case backlog is increasing at all the stations and existing challenges must be urgently addressed.
"I sincerely hope that you will find an opportunity during this forum to proactively and innovatively develop solutions, recommendations and strategies to enhance service delivery and meet all our targets; those set by legislation, those you have set yourselves and those that the Hon Chief Justice has set for the institution under the SJT,” she said.
Mwilu pledged her support to ensure all aspects of judicial accountability are uncompromisingly observed and enhanced. She urged that as the judicial officers appraise their court during this year’s judges’ conference, they should recognise the importance of performance and service delivery as critical accountability measures.