USAID Insights: Judicial Reform

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The Supreme Court added another shovel of dirt on USAID's coffin, now more than 6 feet under (see my earlier obituary). This post articulates another of USAID’s many little-known accomplishments in Kenya (read about the first one about thwarting politicians and constitutional change here).

Peace and Security: The USAID Approach

Peace and Security in Kenya: The USAID Approach, is now available in paperback and e-book at your favorite bookstore. Please also ask your local library to order it too.

“We found an institution so frail in its structures; so thin on resources; so low on its confidence; so deficient in integrity; so weak in its public support that to have expected it to deliver justice was to be wildly optimistic. We found a judiciary that was designed to fail.” —Chief Justice Willy Mutunga, “Progress Report on the Transforma- tion of the Judiciary: The First 120 Days,” speech, Nairobi, Kenya, October 19, 2011

What Do I Think

 The 2007/2008 postelection violence in Kenya was triggered by the “massively flawed” December 27, 2007, general election because the opposition party led by Raila Odinga did not see the judiciary as a “credible mechanism for resolving electoral disputes . . . [his party] refused to take the matter to the courts, pointing out that they were controlled by Kibaki.” (1)

The country was thrown into weeks of violence, resulting in the murder of thousands of Kenyans, the displacement of hundreds of thousands of people, and charges of crimes against humanity against six Kenyans at the International Criminal Court (ICC). December 2007 to February 2008 was Kenya’s worst three months. Yet, when Raila Odinga lost the August 2022 election 15 years later, he voluntarily turned to the courts, pleaded his case, and accepted their final decision, stating, “In this regard, we respect the opinion of the court although we vehemently disagree with their decision today.” (2)

The judiciary has brought peace and security to Kenya through concurrent changes in laws, personalities, infrastructure, and perception.

In less than two decades, it went from being a mistrusted and mocked institution to a modern, trusted institution. The old judiciary was stuck in the past, inheriting not only corruption and bureaucracy from Kenya’s colonialists but also the white wigs worn by judges and attorneys alike. Only a new constitution heralding in a new supreme court and a new chief justice could give the judiciary a new life. It also symbolically rid Kenyan judges and attorneys of the comical headgear and references to “My Lord” and “My Lady.” (3).

This transformation was sparked by the violence, made possible by the new constitution and facilitated by several foreign powers, including the United States. Although the judiciary had failed Kenyans in 2008, now, with support from the international community, Kenya has been transformed; all of this and helped bring peace and security to Kenya in the wake of the 2013 and 2022 presidential elections.

Why Should You Care

Transformation is more than just hardware and systems. 

The main thing that sets Eldoret apart from all other courts I have seen is PRIDE. These people are proud of their court, and proud to have taken responsibility for solving judicial issues faced throughout Kenya (the world for that matter), and with USAID support, have created a model court that will most likely become a template for a nationwide solution....Kudos to you and your staff. It makes me proud to be an American when I see things like this. (4)

Read the details in Peace and Security in Kenya: The USAID Approach, 

References

1. Peter Kagwanja and Roger Southall, “Introduction: Kenya: A Democ- racy in Retreat?,” Journal of Contemporary African Studies 27, no. 3 (2009): 259–77.
2. Raila Odinga (@RailaOdinga), “Re: Statement on Court Ruling,” X, Sept. 5, 2022.
3. Willy Mutunga, “Circular on Dress Code and Address,” Chief Justice Issues Circular C. J. 90, Aug. 23, 2011.
12. Email to me from a Connected Justice Solutions Architect at Cisco Systems Inc., June 15, 2011.
What do others say? "Galeeb Kachra truly is one of a kind. A unique combination of optimism, can-do determination and relentless energy, he has the wiliness and moral integrity required to shake up sclerotic systems and sweep away logjams." (Michela Wrong, 2021)

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