Why Ghanaian Judges Envy Kenya

Supreme court Judges on December 7, 2022
Magistrates pose in front of the Supreme court Judges on December 7, 2022.
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Judicial Service Commission

Judges from across the African continent frequently look up to their Kenyan counterparts and often cite Kenyan judgments as influential precedents when delivering their own rulings. 

This revelation came from Luis G. Franceschi, the Assistant Secretary General of the Commonwealth, during his address at the Annual Judges Colloquium on Wednesday. 

Franceschi emphasised that Ghanaian judges specifically admire Kenya's significant strides in achieving judicial independence.

“Judges in Ghana were telling me they want to be like Kenya, many countries quote your judgments,” he stated.

“You have institutionalized something others don't have, that is judicial independence.”

Commonwealth AG Luis G. Franceschi and Interior PS Raymond, September 5, 2023. Omollo,
Commonwealth AG Luis G. Franceschi (left) and Interior PS Raymond Omollo (right), September 5, 2023.
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Ministry of Interior

The Kenyan Judiciary was thrusted into international limelight in 2017 after delivering a ruling that nullified the election of former President Uhuru Kenyatta.

Terming the poll results “neither transparent nor verifiable,” the Supreme Court, then led by former Chief Justice David Maraga faulted the Independent Electoral and Boundaries Commission (IEBC) for failing to conduct a free and fair election.

The Supreme Court was praised across the world for its independence, especially since, observers had given the election a clean bill of health.

Former US Secretary of State John Kerry, who led the Carter Center’s observer mission in Kenya, stated that 'Kenya had made a remarkable statement to Africa and the world about its democracy' by conducting a free and fair election.

The Washington Post, an American publication, in a report dated September 20, 2017,  hailed the court’s decision as “the first of its kind in Africa.”

The Judges' Colloquium which is ongoing in Mombasa, set to last for 3 days, was organised by the Judiciary Training Institute. 

Established as an annual event, the Colloquium provides a platform for the Kenyan Judges to interact with their regional and international counterparts, and discuss and find solutions to common challenges facing the judicial practice.

The law institutions making presentations at the colloquium include Kenya Law, the Law Society of Kenya (LSK), and the Kenya Judiciary Academy (KJA).

According to a statement released by the KJA, the tabled colloquium theme is “The Judiciary's Role in Realizing the Social Transformation Promise of the 2010 Constitution.”

Chief Justice Martha Koome speaking on Wednesday May 10, 2023
Chief Justice Martha Koome speaking on Wednesday May 10, 2023.
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Judiciary of Kenya