By Precious D. Freeman
A Kenyan academic lawyer, activist Plo Lumumba, says corruption and its perceptions diminish trust in the Judiciary and undermine key judicial functions such as dispute resolution and protection of property rights.
Making a presentation at the ongoing African Regional Group Meeting and International Conference of the International Association of Judges (IAJ) yesterday in Monrovia, Lumumba reminded that an effective justice system is vital for countering corruption and essential for fostering development.
However, he stated that judicial systems themselves are susceptible to corruption as corruption is not solely about interactions between judicial personnel and court users, but also extends to internal dynamics within the Judiciary itself.
According to him, corruption also compromises the Judiciary’s broader mandate in upholding citizens’ rights, maintaining the integrity of political processes, and holding representatives of other branches of government accountable for unlawful actions.
He maintained that, although there is widespread agreement on the detrimental impact of corruption within the judicial system, and it is important to recognize that there are unique obstacles associated with addressing judicial corruption.
“Anti-corruption initiatives may inadvertently compromise the independence of the Judiciary, thereby impeding judges’ capacity to fulfill your accountability duties. Indeed, the underlying motive behind such measures maybe to restrict judicial independence,” he said.
He furthered that when discussing judicial corruption, the typical perception involves judges accepting bribes; however, judicial corruption encompasses a broader spectrum- any form of undue influence that could compromise the impartiality of justice and may involve various actors within the justice system, including lawyers and administrative staff.
“Judges must act with professionalism, restraint, and impartiality both inside and outside the courtroom, avoiding actions or statements that could be perceived as politically motivated,” the activist noted.
Lumumba added, “The ‘gain’ from corruption is not limited to financial benefits alone, but it can include advancing professional aspirations or avoiding undesirable consequences. Biased decision-making is not just a question of individual integrity, but also pertains to the structural safeguarding of judicial independence and shielding judicial decision-makers from improper political or hierarchical pressures.”
Prof. Lumumba noted that reducing the risks of individual and systemic corruption within judicial systems without compromising judicial independence requires a multifaceted approach tailored to the specific challenges of each society.
“On the other hand, dealing with corruption stemming from undue political influence requires measures that shield judges from external pressures, such as reforms that limit the ability of political actors and judicial hierarchies to interfere with judicial decisions,” he expressed.
Pro. Lumumba intoned that it is essential to ensure that judges are perceived as impartial arbiters of the law, free from undue political influence.
The Kenyan Academic Lawyer Activist intoned that politicization rears its ugly head in various forms, including marginalization of the judiciary, by threatening its resource base, rendering it compliant and beggarly.
He continued, “To reduce politicization of the Judiciary, they should never forget to base their decisions solely on legal principles, precedent, and evidence, without regard to political considerations. Upholding dignity and decorum of the Judiciary is essential for preserving public confidence in its independence.”
“Continuous Professional Development is essential for judges to enhance legal knowledge, analytical skills, and understanding of societal issues; by staying abreast of legal developments and participating in training programs and seminars, you can maintain your competence and credibility as impartial adjudicators,” he said.
