AN ASESSEMENT OF THE KENYAN JUDICIARY ON INTEGRITY AND ACCOUNTABILITY IN THE POST- 2010 CONSTITUTIONAL ERA
Abstract
Purpose: The Kenyan constitution of 2010 regarded far-reaching reforms in terms of state officers' integrity. This was a deviation from the past when legislation concerning integrity was fragmented and poorly anchored in the old constitution. Therefore, several legislative frameworks were put in place after 2010 to emphasize this provision. However, despite these provisions, the judiciary has faced numerous challenges in its pursuit of judicial integrity. Thus, this study attempted to delve into the 12-year journey since the adoption of the new constitution in terms of the gains and losses that have accrued in the judiciary in terms of accountability and integrity.
Research methodology: The study utilized a mixed paradigm approach comprising qualitative and quantitative techniques. Qualitatively, a desktop review was done in which secondary sources were obtained from books, journal articles, court rulings, expert opinions and newspaper articles. Quantitatively, a questionnaire was administered to 100 respondents working in the judiciary. This questionnaire contained responses for the third objective. The data was collated and analyzed under the three main objectives that guided the study.
Findings: It was determined that, even though measures were put in place through a sound policy and legal framework, compliance has yet to meet the expected threshold, particularly in the judiciary.
Recommendations: The study recommends that training, sensitization, goodwill, and collaboration among stakeholders can improve judicial integrity. The study is expected to benefit policymakers, judicial officers, and legal and jurisprudence scholars.
Keywords: Kenyan Judiciary, Integrity, Accountability, Post- 2010 Constitutional, Era
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