Adjudication Reforms for the Judiciary in Fighting Corruption in Kenya

Abstract

This study explores the adjudication processes by courts of law in handling corruption cases. As an outright and imminent danger facing the desired adjudication of cases, there exists the stumbling block in delays and undesired longevity of handling corruption cases. This situation ultimately affects both the constitutional expectation of fastened and efficient justice; and the legitimate expectation of effective and efficient access and execution of justice in corruption cases. Delays and inefficiency in hearing and determination of these cases ultimately affects the constitutional right to access to justice as enshrined in Article 48 of the Constitution of Kenya. In exploring options available away from this conundrum, this paper sees that the delay and longevity as a problem which has its root in the nature of the adversarial system. This study adopts a desk based research methodology through which statutes, regulations, case law and other legal writings were analysed aimed at making a case for the incorporation of inquisitorial system elements which empowers courts of law adjudicating corruption cases. This analysis is important in formulating the desired recommendations under this study. Finally, the study makes recommendations in four main dimensions. First are the legislation recommendations which will inform the desired enactment and amendment of laws which will design special rules of practice for courts handling corruption cases. Second are the policy recommendations which will inform and implement the enacted provisions. Third is the administrative recommendation for the day to day running and handling of corruption cases. Lastly is the research recommendation through which the study is inviting scholars to focus on this rich area.