16
March
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GUARD YOUR INDEPENDENCE FIERCELY, BUT EXERCISE IT WITH HUMILITY – DCJ MWILU
Deputy Chief Justice Philomena Mwilu has cautioned newly recruited magistrates to guard their independence fiercely, but exercise it with humility. She spoke while officiating over the closing ceremony of an induction training of 98 newly recruited Resident Magistrates, who will also double up as Small Claims Court Adjudicators.
The DCJ emphasized the need for the new magistrates to be courteous and respectful to all court users while highlighting the value of personal integrity.
“Treat every person who enters your courtroom with courtesy and respect, regardless of status and protect your integrity as your most valuable possession.” She said.
DCJ Mwilu underscored the importance of integrity in public service.
“The Constitution demands the highest standards of leadership and integrity from state officers. Judicial authority cannot coexist with corruption, favouritism or abuse of office. The trust reposed in the Judiciary is fragile and must be protected vigilantly.” she said.
She told the magistrates that the judicial authority conferred upon them by the people of Kenya is both a solemn honour and a profound responsibility.
“When you took your oath, you accepted not merely a position of employment, but a public trust. You now exercise authority that flows directly from the sovereign will of the people and is guided by the Constitution.” She said.
The DCJ observed that the Constitution of Kenya recognises the aspirations of the people for a government founded on human dignity, equality, freedom, democracy, social justice and the rule of law.
“The Constitution directs that judicial authority is exercised in a manner that ensures justice for all, irrespective of status; that justice shall not be delayed; that alternative forms of dispute resolution shall be promoted; and that justice shall be administered without undue regard to procedural technicalities.” She pointed out.
DCJ Mwilu reminded the magistrates of the central role that the Magistrate’s Court plays in defining the public image of the Judiciary.
“The magistracy sits at the frontline of the justice system. For many Kenyans, the magistrate’s court is the first and often the only encounter they will have with the Judiciary. Indeed, in Small Claims Courts many Kenyans have placed their expectations from the justice system. Appreciate that, in the context of our justice system, transformational change often begins in the magistrate’s courtroom; it is primarily here where public confidence in the rule of law is either strengthened or diminished.” She noted.
DCJ Mwilu explained the place of adjudicators in the judiciary transformation space highlighting the new thinking that justice is not confined to adversarial litigation alone, but may be achieved through dialogue, reconciliation and community based solutions.
“You have engaged with the multidoor approach to justice, including court-annexed mediation and alternative justice systems. Appreciate your role, as required under our transformative Constitution and further elucidated by STAJ, not just as an adjudicator, but also being a facilitator of dialogues to bridge divides in the community by going upstream to prevent conflict; being a promoter of social harmony by promoting reconciliation and the well-being of our people; and being a connector of the various justice champions working under the multiple doors available to facilitate access to justice in the communities you work in. You must deliberately contribute to the creation of a more peaceful, just and harmonious society through proactive and inclusive justice practices.” She said.
The DCJ pointed out the weight of the responsibility on their shoulders as new Magistrates and Adjudicators.

“The oath you have taken this week is consequential and demanding of your utmost fidelity. Your singular obligation is to the Constitution; you must live and breathe constitutionalism and understand your role in the continuing formation and development of our fragile constitutional democracy.” She stressed.