Final Report of the Task Force on Judicial Reforms

Task Force on Judicial Reforms

dc.contributor.author	Task Force on Judicial Reforms
dc.date.accessioned	2021-09-10T06:22:24Z
dc.date.available	2021-09-10T06:22:24Z
dc.date.issued	2009-05
dc.identifier.uri	http://192.168.150.44/handle/123456789/550
dc.description	8. To consider any other measdres or proposals that are necessary to strengthen and enhance the performance of the Judiciary in the short and long term. 9. To consider and advise on how and when the proposed reforms should oe carried out. The Task Force submitted its initial Report on lOth August 2009. However, following a meeting of the Cabinet Committee on Finance, Administration and Planning held on 13th October 2009, it was resolved that the membership of the Task Force be enlarged. Consequently, the membership of the Task Force was expanded, with the mandate to: 1. Examine and consider the initial Report and its recommendations against the provisions and proposals in the Proposed Constitution of Kenya; and 2, Consider any other measures or proposals necessary to strengthen and enhance the performance of the Judiciary. The Task Force has considered and made recommendations in respect of each area falling within its mandate. Further, the Task Force has proposed a framework to oversee the implementation of the recommendations in this Report. We express our gratitude for the honour, privilege and trust bestowed upon us to serve in the Task Force, and for the guidance and advice received from you in the course of our work. It is with great honour that we subrnit this Report.	en_US
dc.description.abstract	The Task Force on Judicial Reforms was appointed by the Government of Kenya after a meeting of stakeholders held on 29th May 2009 in Nairobi. The Task Force was mandated to: l. Consider and recommend the expansion, functions and independence of the Judicial Service Commission. 2. Consider and advise on a competitive process for the recruitment of Judges. 3. Consider and advise on short and long term measures for addressing the backlog of cases in the judicial system. 4. Consider and advise on the financial autonomy and accountability of the Judiciary. 5. Consider the nature and necessity or otherwise of Regulations under Section 68(3) of the current Constitution of Kenya. 6. Review and finalize the Judicial Service Bill. 7. Consider and advise on ways of dealing with corruption or perceived corruption in the Judiciary. 8. Consider any other measures or proposals that are necessary to strengthen and enhance the performance of the Judiciary in the short and long term. 9. Consider and advise on how and when the proposed reforms/initiatives should be carried out. The Task Force submitted its initial Report to the Government on l0th August 2009. However, following a meeting of the Cabinet Committee on Finance, Administration and Planning held on l3th October 2009, it was resolved that the membership of the Task Force be enlarged to include more stakeholders. Consequently, the membership of the Task Force was expanded, with the mandate to: l. Examine and consider recommendations against Constitution of Kenya; and the initial Report and it’s the provisions in the Proposed Constitution of Kenya; and 2. Consider any other measures or proposals necessary to strengthen and enhance the performance of the Judiciary. The Task Force has considered and made recommendations in respect of each area falling within its mandate. In undertaking its work, the expanded Task Force met members of the Judiciary and other actors and stakeholders in the justice sector, all of whose views and submissions have been carefully examined and reflected in various parts of this Report. In addition, the Task Force also considered Kenya's development objectives contained in the Medium Term Plan of Vision 2030, Agenda Item 4 of the Kenya National Dialogue and Reconciliation, previous reports on judicial reforms and international standards and best practices in the administration of justice. The Task Force notes that the judicial structure and principles in the Proposed Constitution of Kenya provide an important pathway to addressing the constitutional issues relating to the integrity, independence, accountability and performance of the Judiciary. In this regard, and in accordance with the mandate of the Task Force, the recommendations in this Report have been harmonized with the provisions of the Proposed Constitution of Kenya. In the course of its work, the Task Force also submitted its recommendations on the Proposed Constitution of Kenya to the Parliamentary Select Committee on Constitutional Review, appended to this Report as Annex VI. In sum, the Task Force considers that the provisions on the Judiciary in the Proposed Constitution, in particular the establishment of a Supreme Court and an expanded Judicial Service Commission with additional functions will reinforce the proposals in this Report and restore public confidence in the Judiciary.	en_US
dc.description.sponsorship	Hon. Mr. Justice William Ouko	en_US
dc.language.iso	en_US	en_US
dc.subject	Task Force	en_US
dc.subject	Judicial Reforms	en_US
dc.subject	Hon. Mr. Justice William Ouko	en_US
dc.title	Final Report of the Task Force on Judicial Reforms	en_US
dc.type	Technical Report	en_US