Judges and jurists from all over met in Nairobi last week under the inaugural meeting of the Africa Judges and Jurists Forum (AJJF). The forum has drawn key takeaways and conclusions which should propel the continent to greater prosperity seeing that we have abundant of mineral and other resources including a youthful population. The key question is how can judiciary catalyze socio-economic development of the naturally endowed yet troubled continent? The Secretary General of AJJF, Mark Okumu- Masiga noted that “Africa ranks at the bottom of al of every measure of human development, and is stuck with what appears to be grinding and unending poverty. The question we must ask now is; what is the contribution of the judiciary in helping Africa to transition from this peripheral form of existence?” Kenyan Chief Justice was right in noting that the African courts are consequential in shaping the continents future. The Kenyan Judiciary has a ten-year development blueprint named the Social Transformation through Access to Justice (STAJ) for 2023 to 2033, building on the momentum of reforms, greatly supported by the enactment of the 2010 Kenya progressive constitution.
The call for action from the AJJF and the push for the transformation under the Judiciary Social Transformation through Access to Justice is important for one major reason. It is vital in ensuring that the continent and its countries achieves the inclusive economic and political systems as observed by Daron Acemoglu and James Robinson in their book “Why Nations Fail, The origins of Power, Prosperity and Poverty”. They have noted that the opposite of inclusive economic and political systems is the extractive economic, political systems and institutions. Extractive economic and political institutions cannot thrive under reformed judiciaries in the continent; extractive institutions discourage innovation, industrial development, rapid modernization and economic growth. Extractive economic institutions are to blame for the poverty levels in the continent and the judiciary can ensure progress towards inclusive systems. Inclusive economic and political systems lead to greater equitable distribution of resources making people to meaningfully participate in the development process. The United Nations Sustainable Development Goals (SDGs) have been divided into three major categories: those that deal with demand for resources and their appropriation; those that deal with sustaining the resource base, and those that deal with means of redistributing power and benefits. Inclusive institutions empower all the citizens in a country and thereby create greater level playing ground, including in the fight for legitimate power and good economic outcomes. Britain was able to industrialize and urbanize faster through the industrial revolution than the rest of the world because of inclusive institutions. Dr Giti is an urban management, public – private partnerships (PPP) and environment specialist. mutegigiti@gmail.com , @danielgiti
Dr. Daniel Mutegi Giti 