Mombasa, Kenya| The High Court has called for unwavering accountability in the exercise of devolved functions across Kenya, emphasizing the judiciary’s pivotal role in safeguarding constitutional values and promoting equitable governance.
Speaking during the 2025 Annual High Court Leaders Conference held at the Sarova Whitesands Beach Resort in Mombasa, Deputy Chief Justice (DCJ) Philomena Mwilu underscored the importance of judicial oversight in ensuring that the promise of devolution, enshrined in the 2010 Constitution, is fully realized.
“The jurisprudence developed by the High Court has been instrumental in shaping the devolution framework, protecting constitutional principles, and enforcing good governance at both the national and county levels,” said Mwilu.
Themed “15 Years of Devolution: The High Court’s Role in Shaping Governance,” the conference brought together judicial officers, political leaders, and governance experts to reflect on the evolution of devolution and explore future approaches to bolstering justice, service delivery, and institutional collaboration.
Judiciary’s Expanding Role in Devolved Structures
DCJ Mwilu applauded the High Court for consistently asserting its role in adjudicating disputes relating to devolved functions, particularly on issues involving intergovernmental conflict, resource allocation, and the protection of rights at the county level.
“Over the past 15 years, we’ve seen the High Court’s jurisdiction broaden significantly to cover a growing array of cases that directly influence the quality and reach of devolved governance,” she said.
She further emphasized the need for judicial innovation, urging judges to embrace new strategies in resolving emerging challenges within the devolved system.
These include modern approaches to service delivery, mediation of conflicts between government entities, and continuous safeguarding of citizens’ rights.
Judiciary’s County Presence and Access to Justice
In a major milestone for justice accessibility, Mwilu revealed that the judiciary now has a presence in all 47 counties—a feat that has bridged the justice gap in rural and underserved regions.
“This geographical spread is not just symbolic—it represents the democratization of justice and reinforces the judiciary’s commitment to upholding the rule of law in every part of the country,” she said.
The Deputy Chief Justice also called for sustained collaboration within the judiciary and between government institutions to ensure the next phase of devolution is marked by greater inclusivity, accountability, and innovation.
Institutional Collaboration and the Path Ahead
The conference featured a host of distinguished attendees, including High Court Principal Judge Eric Ogola, Registrar of the High Court Clara Omondi, Mombasa Deputy Governor Francis Thoya (on behalf of Governor Abdulswamad Shariff Nassir), Senate Speaker Amason Kingi, and constitutional scholar Prof. Kivutha Kibwana.
Registrar Omondi highlighted the judiciary’s formative role in guiding the early years of devolution, particularly in interpreting the law on contentious issues such as function transfers, equitable distribution of resources, and workforce transition from national to county governments.
“Through its judgments, the High Court upheld the values of equity and legality, ensuring the original intent of devolution was not compromised,” she said.
Judge Ogola echoed the importance of judicial capacity in upholding this mandate, welcoming the recent appointment of 20 new High Court judges in 2024—raising the total number to 95.
“This increased judicial strength will enhance efficiency in resolving cases and enable timely justice, especially in devolution-related disputes,” Ogola remarked.
Political and Legislative Perspectives
Deputy Governor Thoya praised the judiciary for its steadfast role in navigating the opportunities and challenges that have come with devolved governance.
“The High Court has been instrumental in clarifying institutional mandates and resolving disputes that would otherwise stall service delivery at the county level,” he said.
Senate Speaker Amason Kingi, meanwhile, emphasized the need for stronger synergy between the judiciary and legislature, especially the Senate, in guarding devolution against potential threats.
Kingi pointed out instances where the Senate has sought judicial interpretation to resolve county-related disputes but cautioned against injunctions that may obstruct the constitutional oversight functions of the legislature.
“While judicial checks are essential, there must be a balance that preserves the Senate’s mandate to hold county governments accountable—something that must be carefully navigated moving forward,” he stated, citing the case involving former Taita Taveta Governor Granton Samboja as an example.
A Shared Commitment to Devolution
As the conference concluded, there was a strong consensus among participants that the High Court has not only played a critical role in interpreting and safeguarding the Constitution but has also emerged as a vital institution in shaping the course of devolution.
With 15 years of devolution behind Kenya, the judiciary’s commitment to constitutionalism, justice, and the protection of public interest remains central to ensuring that devolved governance achieves its original goals: empowering local communities, enhancing equity, and fostering sustainable development.
Share This Post
