All Africa Judges and Jurists Summit
The All Africa Judges and Jurists Summit is currently underway in Nairobi, focusing on the role of Judiciaries in realizing Aspiration 3 of the African Union’s Agenda 2063. The Hon Chief Justice emphasised that African Judiciaries, are central to realizing the goals embodied in Aspiration 3. Not long ago, African Judiciaries were often sidelined in governance, viewed as peripheral with limited influence. However, the landscape has changed significantly. Courts across the continent now actively safeguard democratic processes, uphold constitutionalism, and defend human rights. They adjudicate on critical issues such as presidential election petitions, constitutionality of constitutional amendments, climate justice, and socio-economic rights, among other governance issues. It is clear that African courts are consequential players in shaping the continent’s future, especially in advancing Aspiration 3 of Agenda 2063.
African Judiciaries must undertake a number of crucial roles including: purposive interpretation of laws, protect human rights and civil liberties, engage in robust judicial review of legality of state action, and enhance accountability in governance. Moreover, for too long, African Judiciaries have been reactive, addressing disputes only after they have fully developed. Now, the time has come to shift towards a proactive, upstream approach. Instead of waiting for conflicts to reach our courtrooms, our Judiciaries must engage more with communities to address the root causes of disputes before they escalate into court disputes.
