JUDICIAL REFORMS

Judiciary auditing systems to seal graft loopholes, says Koome

CJ says avenues and opportunities for corruption are created through distortion of laws and policies

In Summary
  • Chief Justice said the fight against corruption is a joint endeavour of all stakeholders.
  • She said criminal justice reform agenda has gained a lot of momentum over the past few years.
CJ Martha Koome during the launch of 2022-27 Judicial Service Commission Strategic Plan and the Judicial Service (Code of conduct and ethics, regulations) at Kempinski hotel, Nairobi on January 28, 2022.
CJ Martha Koome during the launch of 2022-27 Judicial Service Commission Strategic Plan and the Judicial Service (Code of conduct and ethics, regulations) at Kempinski hotel, Nairobi on January 28, 2022.
Image: MERCY MUMO

The Judiciary is reviewing its systems to eliminate loopholes exploited by corrupt officials to dodge conviction, the Chief Justice has said.

Martha Koome said weak systems and processes create loopholes for corruption to thrive, thus the need to seal them.

She further said opportunities for corruption are created through distortion of laws, policies, practices and processes in order to favour personal or private interests.

“Our pursuit of enhanced fight against corruption through proactive systemic audit of the Judiciary’s systems and operations is informed by the reality that fighting and winning the war against corruption," she said.

Koome said this "will not be won by isolated and sporadic acts focused on incidents of individuals caught in the act as it were.”

The Chief Justice expressed optimism that, through the National Council on the Administration of Justice, the Judiciary will make more strides towards ridding the sector of corruption.

In February, the council gazetted a committee on anti-corruption, which comprises state and non-state agency actors mandated to identify the bottlenecks and challenges in the fight against corruption.

The agencies also propose mechanisms to facilitate the efficient and effective investigation, prosecution and adjudication of corruption cases.

On Tuesday, Koome said the fight against corruption is a joint endeavour of all stakeholders.

She made the remarks during the official opening of the second Annual National Criminal Justice Reforms Conference at Great Rift Valley Lodge in Naivasha.

The conference brings together state and non-state justice actors of all levels, practitioners, academicians and persons interacting with the criminal justice system.

It provides a platform to share unique experiences and best practices, reflecting on challenges in efficient service delivery and collaboratively generates workable solutions geared towards reform.

The meeting was attended by Interior Cabinet Secretary Fred Matiang'i, DPP Noordin Haji and the Inspector General of Police Hilary Mutyambai.

Others in attendance were Commissioner General of Prisons John Warioba, National Cohesion and Integration Commission chairperson Samuel Kobia and DCI boss George Kinoti and senior judges.

Matiang'i said providing access to justice for all and ensuring effective, accountable and inclusive criminal justice systems is essential to sustainable development.

“It is important for us to recognise that the work of the ODPP, Judiciary, investigative agencies, police and prisons services is inextricably linked," he said.

"This means that gaps in the service delivery of one institution could very well negate gains made in another.” 

Matiang'i further said it is important for stakeholders to work towards an effective criminal justice system value chain from investigations, charging, prosecution and court hearing and determination of cases.

“This is fundamental in enhancing a human rights-based approach in the criminal justice system,” he said.

Koome said criminal justice reform agenda has gained a lot of momentum over the past few years. “Significant efforts have been made by all the institutions, individually and collaboratively,” she said.

The Judiciary boss called on the use of technology to enhance the efficiency of court processes.

She said the Judiciary is keen on enhancing human rights in the criminal justice sector by providing alternatives in the form of Alternative Justice System.

AJS is a key component of community-driven justice.

 

(edited by Amol Awuor)

“WATCH: The latest videos from the Star”
WATCH: The latest videos from the Star