Legal ForumExample Category: LSK Kajiado ForumKatiba Day 2025: Chief Justice Ko …Post Reply

Post Reply: Katiba Day 2025: Chief Justice Koome Reaffirms Judiciary’s Role in Upholding Rights and Curbing Power Abuses

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 28, 2025, 7:00 am</div><div id="pl-7740"  class="panel-layout" ><div id="pg-7740-0"  class="panel-grid panel-no-style" ><div id="pgc-7740-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7740-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
			class="so-widget-sow-editor so-widget-sow-editor-base"
			
		>
<div class="siteorigin-widget-tinymce textwidget">
	<p dir="ltr" data-pm-slice="1 1 []">On August 27, 2025, Kenya marked the 15th anniversary of the 2010 Constitution during the Katiba Day celebrations held at the Kenyatta International Convention Centre (KICC) in Nairobi. Chief Justice Martha Koome delivered a powerful address, emphasizing the Judiciary’s steadfast commitment to defending the rights of Kenyans and checking abuses of power, even amidst persistent challenges. The event, attended by President William Ruto and other dignitaries, served as a moment to reflect on the transformative impact of the 2010 Constitution while acknowledging ongoing governance issues.</p>
<p dir="ltr">Chief Justice Koome underscored the Judiciary’s unwavering dedication to the Constitution, describing it as the cornerstone of Kenya’s democratic framework. She reassured Kenyans that the Judiciary would continue to administer justice impartially, without fear or favor, to protect citizens’ rights and hold those in power accountable. “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 favor, to check abuses of power, and to defend the rights of Kenyans where necessary,” Koome stated during her speech.</p>
<p dir="ltr">Koome highlighted the Judiciary’s critical role as a watchdog in a democracy where the separation of powers is frequently tested. She cited landmark rulings that have shaped Kenya’s constitutional landscape, including presidential election petitions, the Building Bridges Initiative case, recent decisions on inheritance rights for children born out of wedlock, and the affirmation of the Senate’s oversight powers over governors. These rulings, she noted, demonstrate the Judiciary’s commitment to upholding the rule of law and ensuring justice for all.</p>
<p dir="ltr">Reflecting on the Judiciary’s progress since the promulgation of the 2010 Constitution, Koome outlined significant milestones in its transformation. The establishment of the Judicial Service Commission (JSC) in 2010 marked a shift from executive control over judicial appointments to a more independent system. Since then, the Judiciary has expanded its infrastructure, with High Court registries now present in all 47 counties, the number of Magistrates’ Courts increasing from 111 to 143, and the Court of Appeal establishing four benches in major cities.</p>
<p dir="ltr">Koome also addressed the Judiciary’s efforts to combat internal misconduct. The JSC has processed 946 petitions against judges, resulting in the removal of four judges and the dismissal of 210 judicial staff for misconduct. However, 95 complaints remain pending, with most at various stages of inquiry. Despite these achievements, Koome acknowledged challenges such as cyberbullying, disinformation, and inadequate funding, with the Judiciary receiving less than 1 percent of the national budget, far below the recommended 3 percent.</p>
<p dir="ltr">President William Ruto, speaking at the same event, challenged the Judiciary to uphold its role as the “true temple of justice” by addressing corruption within its ranks. He emphasized that public confidence in the courts would erode if the institution was perceived as corrupt, pointing to concerns about terms like “jury pesa” (a colloquial term implying judicial bribery). “The Judiciary must confront corruption within its own ranks. If the institution mandated to dispense justice is perceived as corrupt, it not only erodes confidence but also undermines the very Constitution it is sworn to protect,” Ruto said.</p>
<p dir="ltr">Ruto urged judges and magistrates to anchor their independence in integrity, emphasizing that the Judiciary’s credibility depends on its ability to remain free from external pressures and internal malpractices. He also acknowledged the government’s efforts to support the Judiciary, despite fiscal constraints, noting that the national government had cleared all outstanding payments owed to counties in the previous financial year, totaling Sh4 trillion since the onset of devolution.</p>
<p dir="ltr">President Ruto’s decision to designate August 27 as Katiba Day, announced on August 25, 2025, was guided by the spirit of the 2010 Constitution. He opted against declaring it a public holiday, emphasizing that it should be a working day focused on civic engagement. “In the spirit of this Constitution, I thought that with the new Constitution, we should not make this a national holiday where there is no work, and partly why I thought we should have this occasion in the afternoon so that people can work in the morning,” Ruto explained. He suggested that the observance could be redefined in the future to balance productivity with reflection.</p>
<p dir="ltr">The proclamation directed government institutions, schools, and Kenya’s diplomatic missions abroad to organize civic-focused activities to promote constitutional awareness. The decision drew mixed reactions, with some Kenyans calling it a “holiday without a holiday,” while others appreciated the emphasis on civic engagement.</p>
<p dir="ltr">The Kenya Human Rights Commission (KHRC), alongside civil society organizations such as Act Change Transform, Defenders Coalition, Muslims for Human Rights (MUHURI), Wangu Kanja, Transparency International Kenya, and Katiba Institute, issued a statement highlighting governance failures that continue to undermine the Constitution’s vision. The KHRC noted that critical provisions of the 2010 Constitution have been ignored or manipulated, pointing to executive overreach, weakened devolution, and rampant corruption as major obstacles.</p>
<p dir="ltr">The commission criticized the government’s response to recent Gen Z-led protests, stating that peaceful demonstrators faced bullets, abductions, and killings, violating their right to assemble under Article 37 of the Constitution. The KHRC emphasized that Katiba Day has always been a people-driven commemoration, observed for 14 years by citizens and civil society despite hostility from successive regimes. The organizations called for justice for victims of state violence and adequate resourcing of independent oversight bodies to ensure accountability.</p>
<p dir="ltr">The 2010 Constitution, born out of decades of public demand for a more inclusive governance framework, replaced the colonial-era Constitution of 1963. By the late 1990s, Kenya faced challenges such as corruption, human rights abuses, and over-centralized power, prompting the establishment of the Constitution of Kenya Review Commission in 2000, led by Professor Yash Pal Ghai. The resulting Constitution introduced robust checks and balances, judicial reforms, and electoral improvements, establishing institutions like the Supreme Court to enhance justice delivery.</p>
<p dir="ltr">As Kenya commemorates 15 years of the 2010 Constitution, Katiba Day serves as a reminder of the progress made and the challenges that remain. Chief Justice Koome’s pledge to defend rights and curb abuses of power, coupled with President Ruto’s call for judicial integrity, underscores the ongoing effort to realize the Constitution’s vision of a just and accountable society. However, civil society’s warnings highlight the need for vigilance to ensure that the Constitution’s promises are fully realized for all Kenyans.</p>
</div>
</div></div></div></div></div>

Cancel

Legal Forums

Post Reply: Katiba Day 2025: Chief Justice Koome Reaffirms Judiciary’s Role in Upholding Rights and Curbing Power Abuses

Recent Posts

Crisis at Kenyatta National Hospital: Senators Demand Action on Overcrowding and Security Failures

Court Orders Equal Pay for UHC Nurses Amid Absorption Plan