Our Judiciary is better off without an Ombudsman

A country’s judicial system is central to the protection of individual liberties and the preservation of the rule of law. That’s why our Constitution secures the authority and independence of courts in absolute terms. It provides that judicial authority shall be subject only to the law and the Constitution, not the control or direction of any person or authority. To guarantee independence of judicial officers, the Constitution expressly bars liability in any action or suit while performing their lawful judicial functions.

The general rules of international law, which are part of the laws of Kenya, acknowledge that the right to an independent and impartial tribunal is ‘an absolute right that suffers no exception’. Given our constitutional history, the meaning of this guarantee is immediately overriding. Often, the state has violated basic principles of law with unbridled impunity and contempt. Thus, the recommendation of a Judiciary ombudsman in the BBI report clouds the aspirations and expectations of Kenyans and therefore, needs a thorough relook.