Kenya and Ghana are two African countries that share a common colonial history and a commitment to democracy and the rule of law. However, the two nations have different experiences when it comes to the independence and performance of their judiciaries. While Kenya has made significant strides in judicial reforms and accountability, Ghana has lagged behind in ensuring judicial autonomy and integrity. This has led to a situation where some Ghanaian judges envy their Kenyan counterparts for their achievements and challenges.
One of the reasons why Ghanaian judges envy Kenya is the constitutional and legal framework that governs the judiciary in Kenya. The 2010 Constitution of Kenya established a robust and progressive judicial system that guarantees the independence, impartiality, competence, and diversity of the judges. The Constitution also provides for the Judicial Service Commission (JSC), an independent body that is responsible for the appointment, promotion, discipline, and removal of judges. The JSC is composed of representatives from the judiciary, the executive, the legislature, the legal profession, and the public. The JSC ensures that the judges are appointed through a transparent and competitive process that involves public participation and vetting.
Another reason why Ghanaian judges envy Kenya is the courage and activism of the Kenyan judges in upholding the Constitution and defending human rights. The Kenyan judges have demonstrated their willingness to challenge the executive and legislative branches of government when they violate the Constitution or infringe on the rights of the citizens. For instance, in 2017, the Supreme Court of Kenya annulled the presidential election results due to irregularities and ordered a fresh election. This was a historic and unprecedented decision that affirmed the supremacy of the Constitution and the sovereignty of the people. The Kenyan judges have also issued landmark rulings on various issues such as gender equality, environmental protection, devolution, electoral reforms, and anti-corruption.
by: Mochacheinspires