Judiciary should initiate talks on arbiter role in poll disputes

I addressed the annual colloquium of the Judiciary in Mombasa last week, the second time I have done so. The first time was during the time of Justice Evan Gicheru, in whose time the annual gathering of the Judiciary began. Over the years, this annual assembly has not only developed into the showcase activity for the Judiciary, but now also acts as a key barometer on judicial politics.

As part of this, the convening has provided ways of measuring the ever-fluctuating levels of openness in the Judiciary. When the Judiciary has been in a comfortable place, it has been more open to external engagement. On the other hand, when it has felt less approved of, like in the period between the 2013 and 2017 elections, it has recoiled inwards, blocking out the participation of stakeholders.