CJ Koome: Courts will continue checking abuse of power without fear or favour

CJ Martha Koome during Katiba@15 on August 27, 2025 [JUDICIARY/X]

Chief Justice Martha Koome has reaffirmed the Judiciary’s role as the guardian of the Constitution, declaring that Kenyan courts will continue to stand firm against any abuse of power by state or non-state actors.

Koome said the Judiciary’s fidelity to the supreme law remains unshaken despite persistent challenges.

The CJ was speaking during Katiba Day celebrations on Wednesday, which marked the 15th anniversary of the promulgation of the 2010 Constitution.

She underscored the institution’s watchdog role in a democracy where separation of powers is often tested.

"As Chief Justice, I take this Opportunity to reassure Kenyans of our unwavering fidelity to the Constitution. We shall continue to administer justice without fear or favour, to check abuses of power, and to defend the rights of Kenyans where necessary," Koome stated.

The Chief Justice reflected on the gains since 2010, noting that judicial independence has been the greatest outcome of reforms ushered in by the Constitution.

She described the promulgation of the 2010 Constitution as a defining moment in Kenya’s history, saying it marked both a legal transition and the rebirth of the nation.

In her Katiba Day address on Wednesday, the CJ recalled the historic celebrations at Uhuru Park on August 27, 2010, when Kenyans witnessed the birth of a new constitutional order after decades of struggle.

"That moment represented not only a legal transition but a rebirth of our nation. It was a profound political and social moment, born from decades of struggle and a collective yearning for a more just, equitable, and democratic society," the CJ stated.

"It ushered in an era where the principles of good governance, social justice, human rights, equality, and accountability would be the pillars of our system of governance and social relations."

Koome also pointed to the central role Kenyan courts have played in entrenching the principle of public participation, which she described as one of the most contested constitutional requirements since 2010.

She noted that the Judiciary has repeatedly struck down laws and policies where citizens were not adequately consulted, stressing that the courts have been firm that the constitutional threshold of public participation cannot be ignored.

"The Judiciary has given life to the principle of public participation, striking down legislation where citizens were inadequately consulted," she said.

Beyond jurisprudence, Koome added that the Judiciary has expanded its physical and digital footprint to make justice more accessible.

"Court infrastructure has been expanded nationwide, with High Court stations and registries established in all counties, while before 2010, we had the footprints of the High Court in provincial headquarters and major towns, ensuring that Kenyans no longer need to travel vast distances to access justice," she observed.

In her remarks, the Chief Justice reassured Kenyans that the Judiciary’s commitment to the Constitution remains unwavering, pledging that courts will continue to safeguard rights, uphold justice, and check any abuse of power without fear or favour.