East African Court of Justice Arusha 12 February 2016: The President of the East African Court of Justice, Hon Justice Dr. Emmanuel Ugirashebuja delivered a Key note presentation in Nairobi during the conference on Requirements for an independent and effective judiciary. The conference was organized by Robert Borsch Stiftung in cooperation with the African Law Association.
The conference was held on 12th February 2016 at Hotel Royal Orchid Azure Nairobi. In the context of exchange programme, the conference brought together Lawyers, Judges, Prosecutors and University Lecturers from EAC, Member States and those from Democratic Republic of Congo as well as those from the Federal Republic of German. The aim of the conference was to discuss on current status of the independence and effectiveness of the Judiciary in the Region and what should be done to improve it.
In his presentation, the President of the Court pointed out that, it is a prerequisite, among other things, to have in place a judiciary which is based on the three cardinal principles of integrity, impartiality and independence and these three forms the bedrock of a credible judiciary.
The President of the Court emphasized that there are two important aspects of judicial independence. The primary aspect is the decisional independence of individual Judges. The second, which is related to the first is the independence of courts as institutions. His Lordship stated that a Judge must be able to make a decision without direction or influence from either government or private sources. This entails that the Judge should not have to fear adverse consequences to him or her personally from making a particular decision. Nor should the Judge be able to expect or gain any benefit or advancement personally arising out of a particular decision. He also said that the Judge should judge, should not expect public praise nor fear public criticism. He also mentioned that a Judge acting independently will not be swayed in his or her decision-making by any personal feelings about the people who may be affected by the decision. Judge President noted that in any Country where judicial independence exists, Judges deciding cases cannot be directed by members of the Executive Government as to the decision that they are to make or the procedures which they are to apply.
His Lordship underscored the most important point that courts themselves require institutional independence and courts are not, and should not, be regarded as an executive agency. He demonstrated that their funding arrangements should reflect their status as a separate branch of Government and therefore, the role of the courts in reviewing both Legislative and Executive decisions highlight the need for their independence.
Hon Justice Dr. Emmanuel Ugirashebuja concluded his key note presentation; by stressing that the independence of the judiciary should be guaranteed and protected jealously if our ultimate goal as a society is to attain justice. He advised the judiciary of any Country in today’s World is a critical part of its economic and social infrastructure and therefore, that the judiciary is a vital factor in the rule of law and more broadly in economic development.
The conference recommended that the exchange programme on the functioning and effectiveness of the judiciary in the region should continue as it is a golden opportunity to meet with and learn from Judges, Lawyers, Prosecutors and people from academia who have experienced different educational system and see how they revisit their own professional procedure and practices with a new perspective. Participants in that conference also pointed out that this exchange programme enables them to exchange information and support by enabling them exchange insights about the challenges and good practices in their respective judicial systems.
For more information, please contact:
Ms. Geraldine Umugwaneza Deputy Registrar
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Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs;
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