Chief Registrar of the Judiciary Winfridah Mokaya has proposed the creation of a new model of dialogue between the arms of government, saying it would strengthen accountability and deepen Kenya’s democracy.
Speaking during a joint retreat of the National Assembly and the Judiciary in Mombasa, Mokaya suggested that institutionalised forums of engagement should be adopted as part of Kenya’s democratic practice.
“Let us envision a time where the Speakers of Parliament periodically address the College of Judges, and the Chief Justice, at the culmination of their term, addresses a joint sitting of Parliament," Mokaya said.
Such exchanges, she noted, would not only cement mutual accountability but also foster deeper respect for our shared constitutional mandate.
She noted that the Constitution recognises the Executive, Legislature, and Judiciary as equal arms of government, each with a responsibility to safeguard the stability of the nation.
“Our charge is to ensure that each arm is strengthened, respected, and supported, for in so doing we secure the stability of our nation,” she added.
The retreat, themed “Social Transformation through Institutional Comity,” seeks to promote collaboration between the Judiciary and Parliament while respecting their independence.
Mokaya said the Constitution deliberately balanced institutional independence with interdependence, requiring separation of powers but also encouraging dialogue, collaboration, and checks and balances.
The Registrar also challenged Parliament to adopt a new approach to funding the Judiciary.
She said justice should be treated as a public good and financed with the same seriousness given to health and national security.
“For too long, the Judiciary has suffered chronic underfunding because of a defective approach to resourcing access to justice. It is time we embraced a new paradigm, where budget allocation is guided by rational parameters, whether the number of cases filed, the number of judges, or other measurable indicators of judicial workload,” she said.
Mokaya argued that justice is essential to the survival of any democracy.
“Just as no country can secure its future without funding health or security, no democracy can thrive without adequately financing justice. Justice is the oxygen of governance; its financing must reflect this reality,” she stressed.
The joint forum, she said, is a reflection of “collaborative constitutionalism” and offers a chance to entrench respect, mutual accountability, and institutional synergy in the country’s governance.
