Deputy Chief Justice Philomena Mbete Mwilu has hailed the High Court as a cornerstone in Kenya’s journey of devolution, crediting its expansive presence and bold jurisprudence with transforming how justice is delivered across the country.
Speaking during the 2025 High Court Leaders’ Conference in Mombasa, DCJ Mwilu praised the judiciary for embedding itself deeply into the fabric of local governance since the enactment of the 2010 Constitution.
“The High Court’s jurisprudence has been instrumental in defining the architecture of devolution and strengthening the principles of equity, inclusivity, and justice at both national and county levels,” said Mwilu.
This year’s conference, themed “15 Years of Devolution: The High Court’s Role in Shaping Governance”, brought together judges and judicial officers from across Kenya to reflect on the Judiciary’s role in decentralizing justice and shaping governance under the devolved structure.
Mwilu underscored the significance of the High Court’s countrywide footprint, emphasizing how its presence in all 47 counties has brought justice closer to the people.
“Its presence in all 47 counties is a clear testament to the Judiciary’s commitment to bringing justice closer to the people,” she stated. “This decentralization has not only improved access to justice but also enhanced public trust in the rule of law.”
Calling for contextual leadership within the judiciary, Mwilu encouraged judges to localize the administration of justice in a way that resonates with the communities they serve.
“Leadership that ignores context is like a map with no landmarks misguided at best, dangerous at worst,” she remarked. “Each presiding judge must lead in fostering a local legal culture that reflects the unique dynamics of their communities.”
She also drew strong connections between the aims of devolution—articulated under Article 174 of the Constitution—and the Judiciary’s internal reform agendas, from the Judiciary Transformation Framework (JTF) to the current Social Transformation through Access to Justice (STAJ).
“The next phase of devolution demands fresh approaches to service delivery, conflict resolution, and rights protection,” Mwilu added. “The High Court must remain a steadfast guardian of constitutionalism and local empowerment.”
High Court Principal Judge Eric Ogola echoed Mwilu’s sentiments, celebrating recent milestones that cement the Judiciary’s commitment to devolution.
“The establishment of High Court services in every county is a key pillar of the Judiciary’s Blueprint for Social Transformation through Access to Justice,” said Ogola. “It ensures that every Kenyan, regardless of their geographical location, has access to timely and fair judicial services.”
He highlighted the recent gazettement of the Wajir High Court Sub-Registry on April 2, 2025, as a major step in realizing judicial equity for all counties.
Chief Registrar of the Judiciary Winfridah Mokaya emphasized the High Court’s fearless rulings on politically charged issues such as impeachments, budget disputes, and power-sharing between national and county governments.
“The High Court has remained steadfast—ruling on impeachment processes, intergovernmental disputes, budgetary disagreements, and the balance of power between the two levels of government,” Mokaya said. “Judges have demonstrated courage, integrity, and fidelity to the Constitution—even when it was not politically convenient to do so.”
Senate Speaker Amason Kingi, who also addressed the forum, praised the Judiciary for being a reliable institutional partner in the devolution journey.
“The theme of this conference is timely and reasonable,” said Kingi. “It invites us to reflect on how far we’ve come since the promulgation of the new Constitution and how institutions—especially the Senate and the Judiciary—have nurtured devolution.”
Mombasa Deputy Governor Francis Thoya and Employment and Labour Relations Court Principal Judge Byram Ongaya also contributed to the conference, which served as a platform for critical dialogue on the future of justice in a devolved Kenya.
The 2025 High Court Leaders’ Conference concluded with a renewed commitment to ensure that the Judiciary remains not just an arbiter of disputes, but an enabler of governance, equity, and development—especially at the grassroots level.
