Even where it’s not in your self-interest, do the right thing - Justice Mwilu tells new Magistrates

Deputy Chief Justice and Vice President of the Supreme Court, Lady Justice Philomena Mbete Mwilu/JUDICIARY

Newly recruited resident magistrates have been challenged to see themselves not just as legal adjudicators, but as frontline agents of social transformation, during their induction closing ceremony at the Kenya School of Government on Friday.

Deputy Chief Justice and Vice President of the Supreme Court, Lady Justice Philomena Mbete Mwilu, urged the magistrates to embrace the magnitude of their oath and the public trust it represents.

Speaking to a room of freshly sworn officers, Justice Mwilu said, “The judicial authority that has been conferred upon you by the people of Kenya is both a solemn honour and a profound responsibility.”

Addressing the new magistrates, she emphasised that their role extends beyond the courtroom.

“You have emerged from a rigorous recruitment process because the Judiciary demands excellence. Magistrates are, in many respects, the retail face of the Judiciary. Wherever you go, you will represent the authority, values and character of the Judiciary,” she said.

Justice Mwilu highlighted the critical role magistrates play in ensuring that justice is accessible, particularly for ordinary Kenyans who may encounter the judicial system for the first time at the magistrates’ courts.

“In Small Claims Courts many Kenyans have placed their expectations from the justice system. Until they are properly operationalised, many of you will have to play the role of adjudicators. Transformational change often begins in the magistrate’s courtroom; it is primarily here where public confidence in the rule of law is either strengthened or diminished,” she noted.

The Deputy Chief Justice stressed the importance of constitutional fidelity, ethical conduct, and personal integrity. She reminded the magistrates that their authority stems from the people and must be exercised with humility, empathy, and impartiality.

“DO THE RIGHT THING. Even where it seems not to be in your best self-interest, do the right thing. Be ready to sacrifice; no one begged to be here, no one said fidelity to the Constitution and the law, particularly in our socio-economic and political context, was going to be easy,” she said.

Justice Mwilu also underscored the need for sensitivity in judicial proceedings, particularly in cases involving vulnerable groups. She pointed to the handling of gender-based violence cases, witness protection, and trauma-informed proceedings as essential skills for magistrates.

“Behind every file is a human story — often one of vulnerability, fear, or hope. Sensitivity to the lived realities of those who come before you is an essential attribute of a judicial officer,” she said.

The induction programme, which ran for two weeks, covered criminal procedure, human rights, case management, judgment writing, and the growing role of technology in the justice system.

Justice Mwilu highlighted initiatives such as e-filing, the Case Tracking System, and Mahakama Popote as tools to expand the reach of the courts and improve efficiency in service delivery.

She urged magistrates to contribute to the broader institutional strategy, Social Transformation through Access to Justice (STAJ), noting that the Constitution alone cannot transform society.

“As magistrates, you will play a central role in making that transformation real in the daily lives of ordinary Kenyans. Your judgments, your management of cases, your treatment of court users and your commitment to fairness will determine whether justice is experienced as distant and intimidating, or accessible and humane,” Justice Mwilu said.

Concluding her remarks, Justice Mwilu offered counsel for the magistrates’ professional and personal conduct.

“Guard your independence fiercely, but exercise it with humility; cultivate intellectual discipline in your reasoning and clarity in your judgments; treat every person who enters your courtroom with courtesy and respect, regardless of status; protect your integrity as your most valuable possession; and please, always do the right thing.”

The induction ceremony closed with Justice Mwilu declaring the programme officially completed and congratulating the new magistrates on reaching a significant milestone in their judicial careers.