The Word
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- Date Submitted: 03/29/2010 02:28 PM
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CHAPTER III
3.0 ENHANCEMENT OF JUDICIAL INDEPENDENCE
3.1 Introduction
Lord Bingham of Council, former Lord Chief Justice of England and Wales has once commented;
“It is a truth universally acknowledged that the constitution of a modern democracy governed by the rule of Law must effectively guarantee judicial independence. So many eminent authorities have stated this principle and there has been so little challenge to it, that no extensive is called for”.1
From the foregoing, it is imperative to indicate that there is need for the Judiciary to be independent so as to be able to administer justice effectively without fear or favor. Judicial officers are supposed to be independent so that they can make judgment impartially without due influence from eternal forces such as social, economical and political influence.
The Judiciary should be allowed to work independently without due influence from the executive arm of the government. The Chief Justice of Kenya observed this; Justice Evans Gicheru during the judicial opening day held at the Kenyatta International Conference Centre in Nairobi.2As a matter of judges being independent, they must only be able to approach an individual case without pressure being put upon them but they must be allowed to work in a pressure free environment.3
Judges and magistrates ought to develop a culture of impartiality and hence to eliminate the spirit of fear and biasness when passing judgments. Enhancement of judicial independence in Kenya requires both institutional and administrative reforms. Some of these salient reforms are discussed here below.
2. Delinking Judiciary From Other Arms Of the Government
As already indicated before the Kenyan Judiciary is linked to both Executive and the Legislative arm of the government in various ways:
For instance, the Kenyan parliament has been empowered to determine the number of the judges of the High Court of Kenya currently Kenya has eight appellate judges and 45 in...
3.0 ENHANCEMENT OF JUDICIAL INDEPENDENCE
3.1 Introduction
Lord Bingham of Council, former Lord Chief Justice of England and Wales has once commented;
“It is a truth universally acknowledged that the constitution of a modern democracy governed by the rule of Law must effectively guarantee judicial independence. So many eminent authorities have stated this principle and there has been so little challenge to it, that no extensive is called for”.1
From the foregoing, it is imperative to indicate that there is need for the Judiciary to be independent so as to be able to administer justice effectively without fear or favor. Judicial officers are supposed to be independent so that they can make judgment impartially without due influence from eternal forces such as social, economical and political influence.
The Judiciary should be allowed to work independently without due influence from the executive arm of the government. The Chief Justice of Kenya observed this; Justice Evans Gicheru during the judicial opening day held at the Kenyatta International Conference Centre in Nairobi.2As a matter of judges being independent, they must only be able to approach an individual case without pressure being put upon them but they must be allowed to work in a pressure free environment.3
Judges and magistrates ought to develop a culture of impartiality and hence to eliminate the spirit of fear and biasness when passing judgments. Enhancement of judicial independence in Kenya requires both institutional and administrative reforms. Some of these salient reforms are discussed here below.
2. Delinking Judiciary From Other Arms Of the Government
As already indicated before the Kenyan Judiciary is linked to both Executive and the Legislative arm of the government in various ways:
For instance, the Kenyan parliament has been empowered to determine the number of the judges of the High Court of Kenya currently Kenya has eight appellate judges and 45 in...