Independence of criminal judges in Kenya – current issues

Abstract

Over a long time, the Kenyan judiciary suffered a confidence crisis in the eyes of the pu- blic. 1 It was largely seen as controlled by the executive as well as bedeviled by massive corruption 2 . These perceptions formed the basis for the almost radical transformations in- troduced by the Constitution of Kenya 2010 (the Constitution) which required vetting of all the magistrates and judges in office at the time of promulgation of the constitution. 3 The Constitution further introduced other mechanisms that aimed to bolster the public confi- dence in the judiciary 4 . Has the goal of an independent judiciary been achieved and has the public confidence been restored? This paper contributes to that debate by addressing the subject of the independence of criminal judges (and magistrates) in Kenya. To do that, the first part addresses the general subject of independence of the judiciary in Kenya by laying out the key provisions in the law, the second part focuses on appointment and remuneration of judges and magistrates in Kenya, the third part discusses the assignment of judges to various divisions and the transfer policy and the last part concludes by highlighting the current issues.