In a statement issued today, Chief Registrar Winfridah Mokaya, said the court, which operates from premises provided by the County Government of Kiambu, is currently affected by a major construction project generating significant dust and debris in close proximity to the facility.

“The works are generating significant dust and debris, adversely affecting air quality and creating a material health and safety hazard for Judges, judicial officers, staff, advocates and court users particularly vulnerable persons, including children, older persons and those with underlying respiratory conditions,” the Chief Registrar stated.

The statement further revealed that the location is also being used by the County Government as a parking point for garbage collection trucks, “resulting in persistent foul odour, hygiene concerns and an overall environment that is unsuitable for sustained court operations and public access to justice.”

The Judiciary acknowledged a peaceful march held by Law Society of Kenya (LSK) members on Thursday to raise awareness about the deteriorating conditions at one of the busiest ELC stations in the country.

“The Judiciary treats the matter as urgent given its implications for staff welfare, public health, institutional integrity and continuity of justice services,” Hon. Mokaya said.

Following a Bar-Bench meeting held on February 11, 2026, the Judiciary announced two key resolutions:

First, the court will prioritize virtual hearings and virtual delivery of rulings and judgments for matters suitable for remote handling, “to reduce physical exposure to the affected environment while sustaining access to justice.”

Second, for matters requiring physical attendance, “consultations are ongoing to identify a suitable alternative venue and practical modalities to ensure orderly scheduling, security and user-friendliness.”

The Chief Registrar emphasized that the interim measures aim to secure “the safety and wellbeing of all court stakeholders while ensuring that the Court continues to discharge its constitutional mandate without avoidable interruption, even as the Judiciary pursues a durable, long-term solution for appropriate ELC premises in Thika.”

A Court Users Committee (CUC) meeting has been scheduled for Wednesday, February 18, 2026, bringing together the Judiciary, the Bar, the County Government, security agencies and other justice sector actors to chart a comprehensive way forward.

“We urge counsel who represent LSK in the CUC to attend and participate fully so that the agreed interventions are practical, coordinated and co-owned,” the statement concluded.

The Judiciary reaffirmed its commitment to “executing its mandate of the delivery of justice to all while upholding the highest standards of safety, dignity of service and responsible governance.”

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Delivering a detailed ruling on Friday, October 3, 2025, Justice Chacha Mwita dismissed a preliminary objection filed by Lagat and the National Police Service (NPS), ruling that the court indeed has jurisdiction to hear and determine the constitutional issues raised in the case.

Through lawyer Cecil Miller, Lagat had argued that the case was wrongly filed before the High Court and should have instead been lodged at the Employment and Labour Relations Court (ELRC), as it allegedly concerned internal administrative decisions within the police service.

Miller, representing Lagat and the NPS, submitted that the decision by the DIG to step aside for 18 days and appoint his Principal Assistant Patrick Tito to act in his position was an internal human resource matter — purely administrative in nature and not constitutional.

He maintained that under the National Police Service Act and Service Standing Orders, the DIG was within his mandate to temporarily step aside and assign duties to another officer to ensure continuity of command within the police structure.

“The petition raises issues that touch on the administration and internal management of the police service,” Miller argued. “It does not raise constitutional questions but concerns the respondent’s right to exercise discretion within the confines of his office.”

The Attorney General, appearing for the NPS and the Inspector General, supported Lagat’s position, insisting that the High Court lacked jurisdiction since no constitutional right had been violated.

The State Law Office maintained that the petition amounted to interference with the internal management of the National Police Service.

However, the petitioner, Eliud Matindi, a UK-based activist, opposed the objection, insisting that the petition raised serious constitutional questions on whether a Deputy Inspector General can legally step aside from a constitutional office and unilaterally appoint someone to act in his stead.

Matindi argued that Lagat’s decision to step aside and appoint Tito was unconstitutional since the power to appoint or designate an acting Deputy Inspector General is vested only in the President, upon the recommendation of the National Police Service Commission (NPSC),not in the hands of the office holder himself.

In his ruling, Justice Mwita sided with the petitioner, finding that the case raises substantive constitutional questions deserving full hearing.

“I am unable to agree with the respondent that this court has no jurisdiction. I affirm that this court has jurisdiction. The preliminary objection is overruled,” Justice Mwita declared.

He went on to explain that the core issues in the petition were not about employment disputes or workplace grievances but about the interpretation and application of the Constitution, particularly regarding the powers and limits of a constitutional office holder.

“The issues raised do not include determination of employer-employee relationship or related matters,” the judge said.

“Rather, the issues are purely on the interpretation of the Constitution and the law, namely whether the first interested party’s actions were constitutional and legal.”

Justice Mwita further emphasized that the position of Deputy Inspector General is established by the Constitution, not the Employment Act, and therefore carries constitutional, not contractual, responsibilities.

“The position of Deputy Inspector General and the manner of appointment having been created by the Constitution has a constitutional connotation,” he ruled.

“The holder of that office is not an employee in terms of the Employment Act to make this petition fall within the jurisdiction of the Labour Relations Court.”

Citing Article 165(3)(b) of the Constitution, the judge reiterated that the High Court has the express mandate to interpret the Constitution and determine whether any act or omission violates it.

“Under Article 165(3)(b) of the Constitution, this Court is expressly mandated to hear any question on the interpretation of the Constitution, including determining whether anything said or done under the authority of this Constitution or any law is inconsistent with or in contravention of the Constitution,” said Justice Mwita.

He explained that the questions raised — such as whether Lagat could legally step aside and appoint an acting deputy — fall strictly within the High Court’s jurisdiction.

“This Court will have to determine whether anything that was said or done by the first interested party under the authority of the Constitution or the law is inconsistent with or in contravention of the Constitution or the law,” he stated.

“In other words, the petition seeks this Court’s determination whether the first interested party’s actions were within the framework of the Constitution and the law.”

Justice Mwita also quoted Section 9 of the National Police Service Act, which provides that both Deputy Inspector Generals — in charge of the Kenya Police Service and the Administration Police Service — shall be appointed in accordance with the Constitution and upon recommendation by the NPSC.

“The position of Deputy Inspector General and the manner of appointment having been created by the Constitution and reinforced by statute, has a constitutional connotation, and therefore, the holder is not an employee under the Employment Act,” he emphasized.

In his concluding remarks, Justice Mwita dismissed the objection by Lagat and the NPS.

“In these circumstances, I am unable to agree with the Respondent and First Interested Party that this Court has no jurisdiction to hear this petition. Rather, I affirm that this Court has the jurisdiction to hear the petition. Consequently, on the conditions stated above, the preliminary objection is overruled and dismissed with no order as to costs.”

The court has now directed that the case proceeds to a full hearing where the substantive questions will be addressed,including whether the DIG’s step-aside was legally valid and whether his appointment of an acting deputy was within his constitutional powers.

The matter will come up for mention on November 17, 2025, for the parties to file and highlight their written submissions.

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Addressing elders, community leaders, and justice stakeholders during the launch event, CJ Koome hailed the initiative as a transformative approach to resolving disputes peacefully and inclusively.

“The term Al-Islaah, meaning ‘reconciliation’ in Arabic, captures the spirit of this centre,” said the Chief Justice.

“It will be a place where the wisdom of elders, the moral authority of religious leaders, and the knowledge of trained mediators converge to offer citizens solutions that heal relationships rather than deepen divisions.”

CJ Koome emphasized that justice should not be confined to formal courtrooms, especially in counties like Garissa, where long-standing traditions, religious norms, and local realities offer effective avenues for dispute resolution.

“Garissa, with its rich Somali traditions, strong religious heritage, and unique cross-border realities, has always known that justice cannot be confined to the four walls of a courtroom. Justice must live in the community, in the baraza, in the mosque, and in the council of elders,” she noted.

The Garissa AJS Model, launched alongside the Justice Centre, brings together three complementary streams: autonomous systems such as elder and religious councils, court-annexed AJS panels, and state-linked actors including Chiefs and Assistant Chiefs.

CJ Koome described this as a “multi-door approach to justice”, designed to empower citizens with options that are accessible, affordable, and aligned with human rights.

“Together, these streams form a multi-door approach to justice, an approach that allows citizens to choose from multiple avenues of redress depending on their needs, while ensuring that human rights, dignity, and constitutional values are upheld,” she said.

Highlighting the practical benefits of the AJS model, CJ Koome pointed out its role in de-escalating community tensions and preventing cycles of violence, particularly in areas prone to land disputes and cross-border conflict.

“By empowering elders, religious leaders, and community actors to resolve disputes early and fairly, we reduce the risk of violence, strengthen social cohesion, and give our young people a future free from cycles of revenge and retaliation,” she said.

The Chief Justice also stressed the need for inclusion in AJS processes, urging practitioners to uphold gender equity and the rights of vulnerable populations.

“Let us ensure that justice under AJS respects constitutional values and protects the vulnerable, particularly women and children,” CJ Koome urged.

Garissa Governor Nathif Jama welcomed the Chief Justice’s visit and reaffirmed his administration’s commitment to supporting and expanding AJS mechanisms across the county.

“Today we are honored to host the Chief Justice in Garissa. Our partnership in championing the AJS model demonstrates our shared vision of making justice simple, affordable, and closer to the people,” said Governor Jama.

“This initiative will strengthen peace, cohesion, and accountability in our communities.”

He also announced plans to devolve AJS Suites to the sub-county level, ensuring that traditional conflict resolution is available even in remote areas.

Chief Registrar of the Judiciary Winfridah Mokaya underscored the symbolic importance of launching the Al-Islaah Centre in Garissa, noting the region’s strong foundation in elder councils, Islamic justice traditions, and grassroots reconciliation.

“The launch of the AJS Suite here is therefore not just a programme milestone, but also a recognition of this region’s strong culture of community-driven justice,” Mokaya said.

She called for increased investment in justice across both formal and informal systems.

“Building modern courts, supporting mobile courts, and strengthening AJS mechanisms are not separate agendas—they are complementary pathways that expand the doorways of justice,” she added.

“Whether a Kenyan seeks resolution before a Judge in a High Court, a Kadhi in a family matter, or elders through AJS, justice must be accessible, trusted, and within reach.”

With the launch of its AJS County Action Plan, Garissa becomes the 12th county in Kenya to formally implement an Alternative Justice System framework, a major step toward realizing Article 159(2)(c) of the Constitution, which mandates the promotion of traditional dispute resolution mechanisms.

CJ Koome concluded her visit by reaffirming the Judiciary’s dedication to people-centered justice, rooted not only in law but also in cultural wisdom and communal harmony.

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Speaking at a Katiba Day forum marking the 15th anniversary of the Constitution’s promulgation on Wednesday, August 27, 2025, CJ Koome described the charter as a “catalyst for social justice, equality, and rule of law.”

The event, hosted by the Nation Media Group under the theme “Fifteen Years Later: The Constitution and Us”, brought together legal minds, civil society leaders, and public officials to reflect on the impact and evolution of Kenya’s constitutional journey since 2010.

“Fifteen years later, we can look back with pride at the distance we have travelled,” CJ Koome said.

“The Judiciary has undergone profound reform, developed transformative jurisprudence, and expanded access to justice for all—though persistent challenges remain.”

Tracing the Judiciary’s reform journey over the past decade and a half, CJ Koome outlined three major strategies that have guided institutional change: the Judiciary Transformation Framework (JTF) under former CJ Willy Mutunga, Sustaining Judiciary Transformation (SJT) under retired CJ David Maraga, and the ongoing Social Transformation through Access to Justice (STAJ) strategy that will guide reforms through 2033.

“The greatest outcome of these reforms has been the strengthening of judicial independence,” she said.

“Kenyan courts have demonstrated courage in asserting themselves as defenders of constitutionalism, earning respect across Africa and beyond.”

She cited landmark cases that have defined Kenya’s evolving jurisprudence, including the Supreme Court’s rejection of the BBI constitutional amendment, decisions affirming housing rights in Mitu-Bell and Musembi, the historic Muruatetu ruling abolishing the mandatory death sentence, and the court’s 2023 affirmation of LGBTQ+ persons’ freedom of association.

CJ Koome also emphasized the role of technology in revolutionizing court services.

Since launching the e-filing system in Nairobi in 2020, and scaling it nationwide by 2024, the Judiciary has moved much of its operations online, including virtual hearings, e-payment of court fees, and cause-list tracking through real-time dashboards.

“Litigants can now access justice online, pay fees electronically, and even attend hearings virtually,” she explained.

“These digital innovations have transformed the delivery of judicial services.”

The Judiciary has also extended its physical presence, with High Court stations now operational in all 47 counties, improving access to justice even in historically underserved regions.

Despite notable strides, CJ Koome admitted the Judiciary still faces serious challenges, among them budgetary constraints, case backlogs, and new forms of intimidation such as cyberbullying and targeted misinformation campaigns.

“Criticism of court decisions must follow lawful channels, not digital harassment,” she cautioned, noting that the Judicial Service Commission (JSC) has processed over 946 complaints against judicial officers since 2010 as part of its internal accountability mechanisms.

She further lamented the Judiciary’s minimal budget allocation, which remains below 1% of the national budget, calling it inadequate for an institution with a mandate as critical as health or education.

“Justice cannot flourish without sufficient resources. The Judiciary deserves stronger financial support to deliver on its constitutional obligations,” Koome asserted.

Also speaking at the event, Chief Registrar of the Judiciary Winfridah Mokaya reiterated the Judiciary’s responsibility in ensuring constitutional fidelity across all arms of government.

“It has been the Judiciary’s role to fiercely and constantly patrol the boundaries of the Constitution, ensuring no individual or institution operates beyond them,” Mokaya said.

“In doing so, we help realize the dreams and aspirations of the Kenyan people.”

In her closing remarks, Chief Justice Koome reaffirmed the Judiciary’s commitment to the Kenyan people and the ideals enshrined in the 2010 Constitution.

“We will continue to administer justice without fear or favour, check abuses of power, and defend the rights of all Kenyans,” she said.

The Katiba Day forum served not only as a celebration but also as a call to action—to strengthen the gains made under the Constitution, confront lingering injustices, and deepen Kenya’s democratic values through the rule of law.

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