“Justice delayed is justice denied” is just a cliché, at least in Kenya, for now. Article 159 of the Constitution requires that justice be done to all, irrespective of status. Further, that justice should not be delayed and should be administered without undue regard to procedural technicalities. Finally, that courts and tribunals exercising judicial authority should protect and promote the purpose and principles of the Constitution.
One of the hallmarks of the Constitution was the requirement that all judges serving under the repealed Constitution be vetted. This vetting process was one of the measures meant to restore in the public confidence and trust in the Judiciary. Everyone agreed that lack of confidence and trust in the independence of the Judiciary and its delivery of justice was one of the triggers of the post-election violence of 2007/2008. Other measures included setting up of the Supreme Court to hear presidential petitions and other matters of utmost public importance, the Judiciary Fund, and the Judicial Service Commission.