Supreme Court marks 12 years since establishment

Nairobi, 

Monday, 4 November, 2024

McCreadie Andias 

Today Monday, 4 November, 2024 marked 12 years since the formation of the Supreme Court of Kenya, the Highest court in the Land. 

The court was established under Article 163 of the Kenyan Constitution. As the highest court in the country, its decisions are binding and set precedent on all other courts in the country. 

To mark this significant milestone, Members of the executive, legislative and Judicial arms of the government, led by President William Ruto and Chief Justice Martha Koome, convened at the Supreme Court building in Nairobi County, to Commemorated the 12 years since it's establishment. 

In his adress, President Ruto recognized the pivotal role played by the Supreme Court whist acknowledged it's neutrality and credibility in upholding the rule of law. 

"We commend the Supreme Court for being a firm and faithful custodian of our Constitution, a defender of human rights, a pillar of democracy and a champion of justice for all.

As the Court journeys through its jurisprudential mandate, we invite it to renew its vigour in shaping our constitutional landscape. It must stay agile, forward-thinking, innovative and accountable to meeting the ever-evolving and complex challenges of our time."President Ruto said. 

He Hilariously recalled how he has been a regular guest of the court, making appearances in numerous cases against him since 2012.

The ceremonial conference was themed " "Introspecting and Reflecting on the Supreme Court’s Jurisprudence: 12 years of defending the constitution", an event that gave the Supreme Court a platform to engage with the public, civil society, bar, bench, academia, judiciaries across borders and stakeholders to reflect on the Supreme Court’s 12 year journey with a view to ensuring the court continues to fulfil its mandate and to respond to Kenyans' aspirations.

CJ Koome noted that the event's theme aptly captured the dual purpose of our Conference — which is, to celebrate the milestones the Judiciary has achieved while critically examining the journey it continue to chart as Kenya’s apex court and the ongoing commitment to uphold justice, constitutionalism, and the rule of law. 

She failed not to mention the Court's challanges where it stands to protect the constitution while encounter criticism over it's balance to divergent public interests and expectations. 

"The Court’s journey has not been without challenges. As we strive to deepen jurisprudence and protect the Constitution, the court is often called to balance divergent interests and expectations while upholding the law. It is important to appreciate that the Supreme Court’s jurisdiction to large extent has a political dimension" Koome noted. 

Koome assured Kenyans that Supreme Court Judges are politically neutral and are concerned with only determining the legal and evidential issues before the Court.

Koome urged Judges to remain neutral to sustain public trust; saying cooperation among institutions was key to strengthen the legal system.

"I want to take this opportunity to assure Kenyans that in the discharge our mandate, we do not get drawn into making political decisions. The Judges are politically neutral and are concerned with only determining the legal and evidential issues before the Court irrespective of their political ramifications" Koome said. 

"For the Supreme Court to continue fulfilling its mandate effectively, close inter-institutional collaboration and support are vital. Upholding the rule of law and protecting constitutional rights is a collective responsibility that calls for cooperation and respect among the Judiciary, the Legislature, the Executive, and other state agencies.

I therefore call for a collaborative relationship that strengthen the resilience of our legal system and allow the Supreme Court and the wider Judiciary to serve as a true pillar of justice" She added. 

She took the opportunity to honour the work of distinguished men and women in the justice system, Justices past and present, who have contributed to building the jurisprudence of the Court. 

"Each Justice has shouldered the tremendous responsibility of safeguarding the Constitution and ensuring that justice is served without fear, favour, or prejudice." She said. 

Koome vowed to ensure that the Judiciary remains independent and continues to defend the constitution and rule of law. 

"I take this opportunity to assure all of you present at this Conference and all Kenyans that the Supreme Court of Kenya will stand rock solid as a constant guardian of the Constitution and the rule of law in changing times. The Court will continue to be a beacon of justice, a champion of constitutionalism, and a defender of the rule of law going into the future." Koome. 

Meanwhile, Chief Registrar Winfred Mokaya Boyani urged the government to commit in funding the Judiciary to enable it effectively manage it's operations. 

Boyani noted that the Judiciary has only receive 50% of it's necessary funding over the last decade which has adversely affected its operations. 

"Supporting the Judiciary as a public good is crucial, as it plays a vital role in protecting individual rights, promoting economic stability, and maintaining a fair and orderly society. Ensuring adequate funding for the Judiciary ultimately benefits everyone and strengthens the foundation of a healthy democracy "Boyani said. 

Justice Njoki Ndungu echoed CJ Koome and Boyani, on the Challenges that still continue to grapple the Judiciary. She regarded the principle of separation of powers which guarantees judicial independence as a major challenge particularly with regard to funding of the Judiciary as an equal arm of Government; attacks on judicial officers; and refusal to obey court orders. 

Nairobi Governor Johnson Sakaja commended the Judiciary in supporting Devolved units urging it to continue practicing integrity and impartiality in it's judgment despite divergent public views. 

"The Supreme Court has stood for and supported Devolution in accordance with the Constitution. As county governments we have found solace in court. I urge you as the Judiciary to just do the right thing. Your decisions don’t have to be popular but they should to be respected" Sakaja said.

The Supreme Court has played a key role in setting major disputes in the country including Presidential election petitions, Cases reffered to by the court of Appeal and general cases of public interest. 

Notably, the Court declined to nullify the 2013 Presidential election and affirmed the victory of Uhuru Kenyatta. A big twist was however seen when it ultimately nullified the re-election of President Kenyatta in 2017 forcing fresh polls over what it described as an "Unconstitutional process". 

The court dismissed a similar petition filed by Azimio leader Raila Odinga in the 2022 General elections, Upholding President William Ruto's Victory.