Chief Justice Martha Koome emphasized the crucial role of robust institutions in fostering national progress and development during the opening ceremony of the inaugural Supreme Court Conference and Exhibition, marking 12 years of the Court’s existence.
In her address, CJ Koome highlighted the Supreme Court’s vital function as the ultimate interpreter and guardian of the Constitution, reinforcing its role in providing stability, certainty, and predictability in resolving societal conflicts. “At the heart of this conference is the idea that institutions matter. They are the anchors of our democratic aspirations,” she stated.
Reflecting on the Supreme Court’s transformative impact over the past decade, the Chief Justice noted landmark judgments that have shaped Kenya’s jurisprudence and influenced the daily lives of its citizens. The Court has been pivotal in hearing and determining four Presidential Election Petitions across the last three election cycles, setting critical benchmarks for ensuring free, fair, and transparent elections.
Moreover, CJ Koome pointed to the Court’s Advisory Opinions on devolution and parliamentary relations as foundational frameworks clarifying the interactions between the National Assembly and the Senate. These efforts have reinforced devolution as a cornerstone of Kenya’s transformative Constitution.
“Through defining the parameters for constitutional amendments in the BBI Case and establishing principles of public participation in the BAT and Finance Act, 2023 Cases, the Court has strengthened the democratic foundations of governance,” she added.
The Chief Justice also highlighted significant rulings addressing land rights, human rights, social and economic justice, and family law. Landmark cases like Dina Management, Torino, Fanikiwa, and Isaack M’Inanga Kiebia have established principles ensuring security of tenure and equitable access to land resources, recognizing the importance of customary trust in land matters.
Further, the Court’s rulings on housing rights in the Mitubell and Musembi cases demonstrate its commitment to socio-economic rights. Additionally, its family law decisions, including Ogentonto and Mary Nyambura Kangara, reaffirm the family’s role as the cornerstone of society.
As the Supreme Court celebrates its achievements, CJ Koome called for renewed vigor and unity of purpose in the pursuit of justice. “I assure Kenyans that the Supreme Court will remain a steadfast guardian of the Constitution and the rule of law in changing times. The Court will continue to be a beacon of justice, a champion of constitutionalism, and a defender of the rule of law as we move forward,” she affirmed.
This conference marks a significant milestone for the Supreme Court, underscoring its ongoing commitment to uphold the principles of democracy and justice in Kenya.
