Held a productive discussion with H.E Neil Wigan OBE, British High Commissioner on the rule of law, judicial independence, institutional integrity, and election preparedness. The UK remains a key partner, supporting Counter-Terrorism & Cross-Border Crimes Courts in Shanzu & Kahawa. We explored designating a Serious Crimes Division in the High Court to enhance justice for complex cases. Engaging with development partners remains vital to securing constitutional gains for the benefit of Kenyans. #Justice #Partnerships #Governance @FCDONeilWigan @UKinKenya

Met with EU Ambassador to Kenya, H.E. Henriette Geiger, to discuss the rollout of PLEAD-II, advancing legal aid, anti-corruption efforts, and justice sector reforms. Key focus areas include Green Justice (sustainable energy for judicial digitization), digitalization (e-police occurrence book & traffic fines), forensic capacity, and continued criminal justice reforms. Strengthening these initiatives will enhance access to justice for all Kenyans. #JusticeReforms #DigitalJustice #GreenJustice @EUAmbKenya @EUinKenya

This morning, I have sworn in the Independent Electoral and Boundaries Commission (IEBC) Selection Panel at the Supreme Court building. The importance of this step cannot be overstated. The role of the panel in constituting the IEBC is critical to the future of our country. The credibility of elections defines the stability and the fate of our nation. History has shown us that when elections are free, fair, and transparent our nation flourishes. Therefore, the Selection Panel has the utmost responsibility to select men and women of impeccable integrity and credibility to lead the IEBC. I urge all the institutions and stakeholders involved in this process – parliament, political actors, civil society, and the public – to ensure that the recruitment of the new IEBC Commissioners is conducted with speed, integrity, and the transparency. The Kenyan people expect and deserve nothing less. As the Judiciary we remain unwavering in our commitment to upholding the rule of law and protecting constitutional processes from manipulation, obstruction, or undue influence.

It is with profound sadness that I pay tribute to Judy Thongori, Senior Counsel—a trailblazer whose tireless work and dedication profoundly shaped family law and advanced the rights of women, children and the family in Kenya. Judy’s legal journey began with a focus on commercial law, but fate and God’s purpose for her life, had a different path in store for her. As Judy acknowledged in an interview done last year, along the way, Dr. Nancy Baraza, Hon. Martha Karua, and I persuaded her to join FIDA-Kenya to augment a team of passionate and committed women lawyers resolute to shaping the intercept between the legal landscape and women in Kenya. Little did we know that this decision would redefine her career and unveil her true calling and passion: championing the rights of women and families through the law. Her commitment to the cause would also change family dispute resolution for the better in Kenya. What a force of nature Judy was! Her entry into FIDA-Kenya marked a pivotal turning point both in her life and for the organization. Judy brought with her a sharp legal mind, an unwavering sense of justice, and unmatched dedication. During her time in FIDA-Kenya, from 1998 to 2002, I had the privilege of working closely with her as she led the Legal Department with brilliance and focus, while I served as Chairperson. Her leadership of the legal department was instrumental in establishing FIDA-Kenya as a formidable advocate for the rights, dignity, and interests of vulnerable women, children and families. Judy exemplified the transformative power of the law as a tool for empowerment. Her contributions to family law advocacy and reform will remain etched in history. She played a pivotal role in the enactment of key legislation, including the Marriage Act of 2014 and the Matrimonial Property Act of 2013, which continue to provide critical protections for families and women. Her work went beyond advocacy to improving legal practice within the Family Division of the High Court. When the Family Division was established in 2002, Judy was among the advocates committed to ensuring that the Division achieved its purpose of enhancing access to justice and improving efficiency in handling family-related matters. She was a staunch advocate for mediation as a preferred method of resolving family disputes and remained an active participant in the Family Division's Bar-Bench Committee until her passing, serving as a steadfast and reliable voice for positive change. I know Judy to be the mother of mediation in Kenya. After her remarkable tenure at FIDA-Kenya, Judy transitioned to private practice, where she emerged as one of Kenya’s most respected family law practitioners. Her contributions to shaping family law jurisprudence were evident even recently. At the Supreme Court @ 12 Conference last November, Judy participated in a panel discussion on emerging family law jurisprudence from the Supreme Court of Kenya. She provided insightful reflections on key areas requiring jurisprudential clarity, including unresolved questions surrounding the rebuttable presumption of joint ownership of matrimonial property under Section 14(b) of the Matrimonial Property Act and the implications of non-registration of customary marriages on divorce proceedings. On behalf of the Judiciary and in my own capacity, I extend heartfelt condolences to her husband, John, her children, her entire family, friends, and the entire legal fraternity during this difficult time. Judy Thongori, SC, was a luminary in the fields of family law and children’s law. May her soul rest in eternal peace, and may her extraordinary legacy continue to inspire and guide us all.

I have received with profound sadness, the news of the passing of my dear friend and senior counsel, Ms. Judy Thongori, one of Kenya’s most distinguished legal practitioners. Ms. Thongori was a trailblazer in the legal profession and a passionate advocate for justice, particularly in matters affecting families, women and children. We worked closely during our time at FIDA-Kenya, where I served as Chairperson, and she led the Legal Department with unmatched dedication and brilliance in the late 1990s and early 2000s. Her leadership was instrumental in positioning FIDA-Kenya as a formidable force in using the law to protect the rights, interests, and dignity of vulnerable women, children and the family well-being. Ms. Thongori personified the promise of the law as a tool for empowerment. Her pivotal contributions to advocacy, family law reform, and shaping legal practice at the Family Division of the High Court profoundly impacted the development of family law in Kenya and inspired a generation of legal professionals. After her remarkable tenure at FIDA-Kenya, Ms. Thongori transitioned to private practice, where she rose to prominence as one of the country’s foremost family law practitioners. Her commitment to sharing knowledge and mentoring young advocates further underscored her dedication to advancing the legal profession. Her insights and expertise were evident even in recent times. Just last November, during the Supreme Court @ 12 Conference, Ms. Thongori enriched a panel discussion on emerging family law jurisprudence emanating from the Supreme Court of Kenya. Her contributions to the legal discourse, particularly in family law and human rights, leave behind a lasting and transformative legacy. On behalf of the Judiciary and on my own behalf, I extend my deepest condolences to her husband, John, her family, friends, and the entire legal fraternity during this difficult time. May her soul rest in eternal peace, and may her legacy continue to inspire us all.

Happy Jamuhuri Day

Officially opened the Inaugural High Court Human Rights Summit. The Summit affords the High Court and Stakeholders a chance to reflect, discuss, and share insights on addressing issues that relate to contemporary human rights landscape in Kenya. The promulgation of the Constitution of Kenya in 2010 marked a profound and transformative moment in our nation's history - a moment when we, as a people, resolved to enshrine the dignity, rights, and freedoms of every individual at the core of our governance framework. Over the past 14 years, the High Court has firmly established itself as the custodian of the Bill of Rights, interpreting and applying the Constitution in ways that ensure its transformative promises are realized for all Kenyans. One of the High Court's significant achievements is its defense of the right to peaceful assembly and protest. At a time when courts in other jurisdictions may have turned a blind eye or sanctioned heavy-handed approaches, the High Court of Kenya courageously intervened to a chart a delicate balance between law enforcement and the constitutional right to peaceful protests. The Court's decisions during the mass protests witnessed in the country in July and August of this year are a case in point. By holding law enforcement accountable and upholding citizens’ rights, the High Court showcased a judicial system that is not only robust but also conscious of its role as a defender of democracy and fundamental freedoms. The High Court’s proactive application of the right to habeas corpus is another commendable example. In cases involving enforced disappearances and extrajudicial actions, the Court has not hesitated to issue orders compelling law enforcement agencies to produce individuals unlawfully detained. This commitment breathes life into constitutional guarantees and sends a strong message against impunity. The High Court has also made significant strides in ensuring the right to adequate housing is not violated. In landmark judgments, it has emphasized that evictions, when inevitable, must be carried out with dignity and respect for human rights. By foregrounding human dignity, the Court has made it clear that even the most marginalized citizens must be treated with compassion and fairness. In championing the best interests of the child, the High Court has set an example for judicial sensitivity. Notable cases, such as the intervention by the High Court in Naivasha on a Sunday to review bail terms for children detained during the Maandamano, reflect the Court’s unwavering commitment to safeguarding the rights of the most vulnerable members of society. The High Court has also developed trailblazing jurisprudence on the rights of intersex persons and other vulnerable groups. By expanding the boundaries of inclusivity, the Court has advanced the social justice agenda envisioned in our Constitution. These amongst other landmark judgments, shows the High Court of Kenya as a guardian of the Bill of Rights. However, despite the progressive and transformative human rights jurisprudence from the High Court and superior courts generally, Kenya still grapples with serious human rights challenges. I therefore urged the Judges of the High Court to remain relentless in enforcing the Bill of Rights, ensuring that the Constitution remains the Court’s true north, adapting its demands to changing times and promoting its promise of social transformation.

Presided over the swearing in of newly appointed Chairpersons and Commissioners/Members of the Commission on Administrative Justice (CAJ), the National Gender and Equality Commission (NGEC), and the Independent Police Oversight Authority (IPOA). The Constitution entrusts Constitutional Commissions with advancing its aspirations and safeguarding its principles, particularly as outlined in Article 249(1). Each of the three commissions plays a unique and indispensable role in strengthening Kenya’s democratic framework and ensuring the dignity, rights, and freedoms of all our people. I urged the Chairpersons and Commissioners/Members of the Commissions to lead with integrity, independence, and courage, especially in moments that may test their resolve. This is important given that the credibility of the constitutional commissions they have been appointed to lead lies in their impartiality and steadfast commitment to the rule of law.

Delivered keynote remarks at the National Conference on Technology-Facilitated Gender-Based Violence. While technology has been a transformative instrument for women and girls, it has had a downside in the sense that technology has provided a platform for replication and amplification of the perpetration of violence against women online. With increase in the use of technology, new technology-facilitated forms of violence have emerged and the old ways of perpetrating violence against women and girls have been worsened with the use of technology and social networks. Perpetrators of technology-facilitated gender-based violence have been using technology to spread misinformation, promote hate campaigns, and enhance harassment based on gender, and intimate partner violence. This has been manifested through stalking, sexual harassment, bullying, defamation, hate speech, and exploitation. The perpetration of technology-facilitated violence is hinged on dynamics such as sexism, misogyny, and other kinds of discrimination. Several pieces of legislation such as the Computer Misuse and Cyber Crimes Act 2018 and the Data Protection Act 2019 provide for offences such as cyberbullying, cyber harassment, wrongful distribution of obscene materials, and unconsented disclosure or obtaining of other people’s data. I call upon law enforcement agencies to use the existing legal framework to ensure legal action is taken to protect victims of technology-facilitated violence to deter the continued proliferation of such crimes.

Presided over the swearing-in for the second batch of our newly appointed Assistant Deputy Registrars. As a new cadre within the Judiciary, they will play an instrumental role in both our administrative and judicial functions, thereby strengthening the Judiciary’s commitment to excellence in service delivery. Their appointment comes at a time when the Judiciary is actively implementing the ‘Social Transformation through Access to Justice’ (STAJ) blueprint. This blueprint seeks to make every Court and Tribunal a centre of excellence in service delivery. They are critical to the realization of this transformative agenda. I urged them champion efficiency and effectiveness in judicial, administrative, and registry processes as they are a critical cog in realizing our vision of a Judiciary that serves all Kenyans efficiently. Notably, they have been redesignated from other positions within the Judiciary. This reflects our commitment to prioritize the professional development of our staff. By empowering individuals who have already demonstrated competence and dedication, we are nurturing a culture of talent development and career progression within the Judiciary. This approach aligns with our vision of building an inspired workforce dedicated to excellence in service delivery as outlined in Outcome Two of the STAJ Blueprint.

Presided over the admission of 816 new Advocates of the High Court of Kenya to the roll of Advocates. I urged them to be champions of justice, especially considering that many litigants cannot afford legal services. Vulnerable groups, including the elderly, children, survivors of sexual and gender-based violence (SGBV), persons with disabilities, and marginalized communities, are disproportionately excluded from accessing justice due to the high cost of legal representation. In light of this reality, advocates in Kenya must go beyond the standard expectations in other jurisdictions to bridge the justice gap that persists in our country. This calls for providing legal aid to those who cannot afford them. By addressing this “justice gap,” advocates contribute to building the socially just society, envisioned in the Constitution. I also emphasized the importance of maintaining professional and ethical conduct in all their dealings, including upholding financial integrity. Instances of advocates mishandling client funds—such as depriving accident victims or widows of their rightful compensation or misappropriating money entrusted to them for property transactions—severely undermine public trust in the legal profession. I challenged them to be the generation of advocates that eradicates such unethical practices. For those entering public service, I encouraged them to embody the constitutional vision of a public and judicial service rooted in integrity. They must resist corruption and unethical conduct, which tarnish the reputation of public service. Additionally, I reaffirmed the Judiciary’s and the Judicial Service Commission’s commitment to zero tolerance for corruption. Effective complaints handling, investigation, and processing systems have been established within the Judicial Service Commission (JSC) and the Office of the Judiciary Ombudsman (OJO). I encouraged anyone with a complaint against a Judge, Judicial Officer, or Judiciary staff to report it to these offices for investigation and resolution. We remain dedicated to addressing any complaints lodged with the JSC or OJO firmly, swiftly, transparently, and fairly.

Joined the inaugural Gender Justice Change Makers Awards Gala last evening. Coming at a time when we are marking 16 days of Activism Against Gender-Based Violence, the event offered an opportunity to celebrate the transformative work of the awardees and a platform for reaffirmation of our collective commitment to addressing the pervasive challenge of sexual and gender-based violence (SGBV) in Kenya. While the Judiciary has already made significant strides towards this end, through the roll-out of Gender Justice Courts, we recognize that the fight against SGBV requires a holistic, multi-sectoral approach. To this end, the NCAJ is spearheading conversations aimed at extending trauma-informed practices across the entire justice chain. Our vision is to establish One-Stop centres that integrate Gender Justice Courts, police posts, healthcare clinics, legal aid offices, safe houses, and psychological counseling services offices. The planned One-Stop centres will provide survivors with comprehensive support, ensuring their physical, emotional, and legal needs are met under one roof. It is our hope that these centres once operationalised will become models for responding to SGBV and a testament to the justice sector’s commitment to effectively combating gender-based violence.

Hosted a delegation from Colombia, led by Ambassador Pedro Cortez, as part of our South-South cross-jurisdictional experience sharing on access to justice for survivors of Sexual and Gender-Based Violence (SGBV). Under the Judiciary’s strategic blueprint STAJ, we are committed to putting in place a people-centered justice system including enhancing access to justice for the vulnerable segments of our society. An important vulnerable group are the victims and survivors of SGBV who are often girls and women without the resources to pursue justice. Through the STAJ SGBV Court Strategy, we are rolling out survivor-centered and trauma-informed Gender Justice Courts in SGBV hotspot areas as a measure to ensure our justice system is responsive to the justice needs of survivors of SGBV.