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Law Society of Kenya to defend constitutionalism, challenge impunity, and hold public officials accountable when they disregard court orders.[File Standard]
Recently, members of the Law Society of Kenya (LSK) have issued robust critiques of various court decisions as part of our commitment to accountability of the Judiciary. Decisions and administrative actions at various levels of the superior courts - High Court and coordinate courts, Court of Appeal and Supreme Court - have come under heightened scrutiny. This scrutiny and calls for accountability are welcome, guided by the principle that lawyers are officers of the court and must engage it with courtesy and decorum even when aggrieved by court processes and outcomes.
Critique of court actions and decisions should lead to greater responsiveness and responsibility by the Judiciary since these are aspects of accountability, which is a key quality of a transformed Judiciary under the 2010 Constitution. The partner attribute to accountability of the Judiciary is judicial independence. Independence requires, as a natural feature, high standards of judicial integrity and commitment to participate without undue fetters in the Judicial Service Commission JSC disciplinary processes. But integrity also requires each judge to uphold the judicial oath, both structurally and in daily conduct, to act "without fear, favour, bias, affection, ill will, prejudice or political, religious or other influence."
