CJ Koome urges new Advocates to Bridge Kenya's Justice Gap

Nairobi, 

Friday, 29 November, 2024 

McCreadie Andias, 

In a historic moment for Kenya's legal community, Chief Justice Martha Koome presided over the admission of 816 new Advocates of the High Court of Kenya to the roll of Advocates, emphasizing the critical role these professionals will play in ensuring access to justice for all. 

Addressing the newly admitted advocates, CJ Koome highlighted the stark reality that many Kenyans, especially vulnerable groups, face challenges in accessing legal services due to the high costs associated with legal representation. “Vulnerable groups, including the elderly, children, survivors of sexual and gender-based violence (SGBV), persons with disabilities, and marginalized communities, are disproportionately excluded from accessing justice,” she remarked, acknowledging the societal disparities that prevent many from receiving the legal assistance they need.

She emphasized that the responsibility of advocates extends beyond the traditional expectations of their role in other jurisdictions. 

The Chief Justice urged the new advocates to serve as champions of justice, addressing the “justice gap” that remains pervasive in Kenya. This gap is particularly wide for individuals and communities unable to afford legal fees, leaving them without recourse to the justice system.

“To bridge this gap, advocates in Kenya must go beyond the status quo,” CJ Koome stated. “This calls for providing legal aid to those who cannot afford it.” The Chief Justice stressed that advocates, in their capacity, must contribute to the creation of a more socially just society, one that ensures no one is excluded from justice based on their socio-economic status. This, she argued, aligns with the spirit of the Constitution, which envisions a society where justice is not only accessible but equitable for all.

But while the call for justice was central to her message, CJ Koome also emphasized the need for personal and professional integrity within the legal profession. She warned the new advocates about the dangers of unethical conduct, including mishandling client funds. 

Her remarks were particularly pointed regarding the widespread practice where accident victims, widows, and others affected by legal matters are deprived of their rightful compensation through misappropriation of funds. “Instances of advocates mishandling client funds severely undermine public trust in the legal profession,” CJ Koome noted. 

She challenged the new cohort of lawyers to become the generation that eliminates these unethical practices, setting a standard of excellence and trustworthiness in their dealings.

Her speech also included a strong message for those entering public service, encouraging them to embody the values of integrity enshrined in the Constitution. 

In a firm stance against corruption, she urged the advocates to resist any temptations that may lead them to unethical conduct, especially as many will serve in public office where such behavior can have widespread implications for the rule of law and the public’s confidence in the justice system.

CJ Koome reaffirmed the Judiciary’s and the Judicial Service Commission’s (JSC) commitment to zero tolerance for corruption within the legal system. She shared that comprehensive complaints handling and investigation mechanisms have been established to address any instances of corruption or misconduct within the judiciary. 

The Office of the Judiciary Ombudsman (OJO) and the JSC are now the key bodies to report complaints against judges, judicial officers, or staff members. She called on all Kenyans to utilize these platforms to ensure that any allegations of wrongdoing within the Judiciary are handled with the utmost seriousness, fairness, and transparency.

“The Judiciary remains dedicated to addressing any complaints lodged with the JSC or OJO firmly, swiftly, transparently, and fairly,” CJ Koome said, reinforcing the commitment to uphold the highest standards of accountability and professionalism.

As the 816 new advocates prepare to begin their legal careers, they do so with the responsibility of fulfilling a crucial role in the fight for justice in Kenya. 

By adhering to the ethical standards laid out by the Chief Justice and advocating for the vulnerable, these legal practitioners have an opportunity to leave an indelible mark on the country’s legal landscape.