Kenyan judges have the right to annoy while staying accountable

From Left, Lady Justice Teresia Matheka, Justices George Odunga, Joel Ngugi Jairus Ngaah and Chacha Mwita at Milimani Courts on Thursday, May 13, 2021, delivering the judgement on eight consolidated petitions challenging the BBI referendum. [Collins Kweyu, Standard]

Until the High Court last week deflated the wheels of the Building Bridges Initiative (BBI) juggernaut to change the Constitution, establishing the office of Judiciary Ombudsman seemed like a foregone conclusion.

The omnibus Constitution of Kenya Amendment Bill, 2020, had lumped the question of judicial independence with political sweeteners such as the enhancement of monetary allocations to the counties, extra seats in parliament for women and politically populous regions.