Supreme Court judge Njoki Ndungu: We now enjoy greater independence
Lady Justice Njoki Ndungu has hailed the 2010 Constitution for transforming Kenya’s judiciary, saying it has ushered in an era of greater judicial independence, accountability, and access to justice.
Speaking during Katiba Day on Wednesday, August 27, 2025, Justice Ndungu noted that, before the promulgation of the 2010 Constitution, the judiciary was widely distrusted by Kenyans due to its close ties to the presidency.
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“The thinking during the drafting of the Constitution was that the judiciary was a subject matter. There was a trust deficit around the judiciary because most judges were direct presidential appointees, the judiciary had no budget, and therefore Kenyans were very untrusting,” she explained.
She observed that the reforms introduced by the new Constitution have strengthened the decisional independence of judges, with them no longer living under the fear of political interference.
“Moving from the promulgation of the 2010 constitution, we have seen many changes. We now see far more decisional independence of judges, who fear not that night phone call from State House as was in the dark days,” she said.
Justice Ndungu further highlighted the operational independence of the judiciary, noting that it now enjoys increased budgetary allocations, which have enabled the hiring of more staff and judges, as well as the expansion of judicial services to all 47 counties.
“Access to justice, which was partially the vision of the constitution, is now on course as the judiciary continues to decentralise its services,” she noted.
She also praised Kenyans for their growing confidence in the judiciary, as evidenced by the increasing number of cases being filed in courts.
“People say that Kenyans are very litigious; they come to court on every matter. I think it should be celebrated. There was a victim before the 2010 constitution, when not all Kenyans could come to court. Therefore, I do believe the constitution and the judiciary are working,” Justice Ndungu said.
President Ruto officially declared August 27 as Katiba Day to be observed annually. The day, which will not be a public holiday, is to be marked through civic education activities organised by government institutions, schools, counties, the three arms of government, and Kenya’s missions abroad.
