All judges of the superior courts begin a weeklong conference in Nairobi today to discuss judicial review within the context of the Constitution of Kenya, 2010 and a host of other Judiciary and judicial policies developed as part of the second phase of transformation. The judges, drawn from the Supreme Court, the Court of Appeal and the High Court as well as the Industrial and Environment and Land courts, will debate their new role in the second phase of the Judiciary Transformation. Chief Justice Willy Mutunga will make opening remarks before world renowned scholars speak to frame the debates as well as give perspectives on the experiences of how other nations have navigated similar moments. Prof Tom Ginsburg of the University of Chicago, Prof James Gathii of the Loyola University School of Law, Prof Chaloka Beyani of the London School of Economics, Prof Malcolm Langford, of the Norwegian Center for Human Rights, Prof Kent Roach of the University of Toronto, Prof Kwasi Prempeh of Seton Hall School of Law and Prof Jackton B. Ojwang of the Supreme Court of Kenya are billed to speak during the first two days of the conference, which will focus on judicial review and separation of powers. Prof Prempeh will also provide an outsiders’ perspective on the emerging electoral jurisprudence in Kenya. The judges will subsequently hold a day-long discussion that includes dialogue with the Judicial Service Commission and a review of a range of judicial policies, including emerging issues in interlocutory injunctions, jurisdiction for the High Court, Industrial Court and the Environment and Land Court, updates on bail and bond, sentencing, complaints handling and welfare. Tributes have been planned for the Court of Appeal’s Justice Onyango Otieno and the High Court’s Justice Jonathan B. Havelock, who are retiring. The conference ends on Friday with a discussion of new constitutional standards for the application of the sub judice rule and best practices in judicial communication. It has been organised under the auspices of the Judiciary Training Institute, which is headed by Justice Prof Joel Ngugi. The annual conference, traditionally known as the judges’ colloquium, is held once a year to give judges – who often serve in disparate parts of the country – an opportunity to reflect together on the challenges they individually face and share lessons on how to tackle them. It is held during the August vacation when judges do not sit in court but are required to write judgments for the cases whose hearings they have concluded.
Posted on: Mon, 18 Aug 2014 03:43:21 +0000
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