Concerns over corruption, delays and inefficiency in Kenya’s justice system have resurfaced, with Advocate of the High Court Wahome Thuku calling for stronger and more formal measures to improve accountability in the Judiciary.
Speaking during a Radio Generation interview on Tuesday, Thuku said court boycotts could not provide a lasting solution to allegations of corruption involving judges, magistrates and other court officials.
He said lawyers initially held a one-day general boycott of court proceedings before reviewing the approach and opting to focus on specific judges, magistrates and other court officials accused of corruption and inefficiency.
The revised position by the Law Society of Kenya was to avoid shutting down court operations and instead target judicial officers facing specific allegations of misconduct.
Thuku said members of the public could play a critical role in exposing alleged corruption because they interact with the justice system as litigants and are able to speak about their experiences.
"A lawyer could be the one bribing a judge, but you, as a career guy out there, you are the one who can say, 'I took my case to court through this lawyer, it has stayed there for 10 years or whatever number.' People are able to believe you more than if I and other people are to say there is corruption in the Judiciary."
He said similar allegations had emerged from members of the public during the vetting of judicial officers.
"Even during that vetting, people came out to say, 'I was asked this amount, I had to bribe this, I had to do this,' and that's how the subject came about."
Thuku said Kenya could consider a similar process to deal with persistent concerns over corruption and misconduct in the Judiciary.
"Remember, there was the vetting of judges, even the sitting ones. They had to submit themselves to a committee that vetted them, and some went home. Some decided they are not even going to face this committee because they felt they are not clean enough. They will be exposed. That kind of thing is what we need, and we need that in the Judiciary."
He said allegations of corruption should be addressed through official accountability mechanisms rather than relying mainly on lawyers withdrawing their services.
Thuku also questioned the effectiveness of targeted court boycotts, particularly as much of the court process has shifted online, with lawyers continuing to appear before judicial officers facing allegations.
He further argued that accountability should extend beyond the Judiciary, saying corruption concerns affect several government institutions and require stronger institutional mechanisms.
The advocate said addressing corruption and delays was critical to restoring public confidence in the justice system, particularly for Kenyans whose cases can remain unresolved for years.
He called for renewed attention to judicial vetting, stronger complaint mechanisms and legally established disciplinary processes as part of efforts to strengthen accountability and restore trust in the Judiciary.