Corruption
Court of Appeal Judge, Justice Paul Mwaniki Gachoka has said it is imperative that people are put at the centre of the justice system as a measure to achieve justice for all. Gachoka reiterated that the Judiciary cannot achieve public trust and confidence in the Judicial system without the support and collaboration of its’ stakeholders.
He was speaking during an open day program themed “Enhancing public trust and confidence in the judicial systems through stakeholder engagement, awareness and sensitization.” Justice Gachoka said that trust and confidence is an outcome of Judicial processes that are responsive to the individual’s needs, and communities particularly the marginalized and vulnerable.
“Within this context, the Judiciary is entering the ethos of accountability to the full extent to preserve its honour and authority,” said Justice Gachoka. “Corruption and perceptions of corruption in the Judiciary not only undermine the court’s credibility in the fight against corruption but also erodes the court’s impartiality harming all the co-judicial functions,” Justice Gachoka averred.
He added that corruption is a global challenge that is akin to a pandemic which has permeated all sectors of society and it hinders development, erodes public trust, undermines the rule of law and promotes inequality in society. The Appeal Court Judge stated that winning this war is not simple since it requires multiple collaborative approaches by all stakeholders therefore the need to act together to secure the rule of law.
“As stakeholders we play a critical role in the fight against corruption,” Gachoka said adding that, “We have the responsibility to safeguard the interests of Kenyans and protect all Kenyans especially the vulnerable because there is a strong correlation between corruption, poverty and inequality.”
He reiterated that the Constitution demands that the Judiciary must not only remove barriers to access justice, but also take effective steps to engage effectively with the public and other stakeholders in administration of justice. Further, Justice Gachoka said that integrity and accountability are co-fundamental values and principles of the constitutional system therefore they must work together for enhanced public confidence in governance institutions.
“One of the many reasons why it is important to interact with the public and court users is for feedback purposes,” noted the Judge. Feedback, he added, not only enables them to contextualize justice needs and capabilities but also drives them to be accountable and improve their processes and performance of their courts.
Speaking at the event, High Court Presiding Judge currently serving at the Anti-Corruption and Economic Crimes Division (ACEC), Lady Justice Esther Maina said that the vibrancy of the program not only demonstrates the dedication of court’s administration but also the significant contributions of all stakeholders.
“We all have a part to play in the battle against corruption,” stated Justice Maina adding that raising public awareness is a crucial component in fighting corruption. Kenya Prisons Service Legal Officer Dr. Miriam Nyamwamu echoed the view that corruption hinders economic growth and public trust.
“We have complaints boxes where whoever has a complaint can anonymously write and drop it in so reparative legal action can be taken,” Nyamwamu said.