Obondi, V. (2024). An Inquiry into the efficacy of the Kenyan ethical regime on the conduct of judges [Strathmore University]. http://hdl.handle.net/11071/15628

Full - text thesis

In November 2010 Kenyans enacted and gave to themselves a new. The new Constitution fundamentally transformed the administration of the Judiciary, it obliges probity and accountability in the recruitment of judges, and the administration of justice in exercise of donated judicial authority. The new Constitution also obliged the enactment of a code to govern the conduct of judicial officers. The new Constitution has by its specific provisions reformed the justice system. However, regardless of the prevailing solid laws governing ethical conduct of judges, to wit: the Constitution; the Judicial Service Act; and the Judicial Service (Code of Conduct and Ethics), Regulations, 2020, unethical conduct among the Judges is to date a matter of grave concern. There is a disconnect between the conduct of the judges and the expectations of the people of Kenya. The situation begs the question; Is there a need to make more laws or should the search for a solution be re-directed to focus beyond laws? I considered proposals away from the rule-based ethical regime. I concluded that rule based ethical regime is not sufficient for the betterment of the ethical conduct of Kenyan judges. That virtue ethics should be included in the judges training and supervision to having judges who are and can be said to be ethically flourishing in fact and indeed. This should be able to deliver responsiveness to the ethical conduct expected of judges by the people of Kenya as expressly and impliedly put in the enactments. I argue for the introduction of virtue ethics in the judges' ethical regime not as a substitute to rule-based ethics but as a complement though taking primacy and remaining true to its valid dream that in the fullness of time it will render the latter redundant.

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