OUR JOURNEY - kwja.orgkwja.org/wp-content/uploads/2016/08/KWJA-Our-Journey-23-Years-of... · OUR JOURNEY. Who We Are ... tion through the mass media • To engage in research, study,

KENYA WOMEN JUDGES ASSOCIATIONPromoting Gender Parity and Access to Quality Justice

Years of Sisterhood

OUR JOURNEY

Who We Are The Kenya Women Judges Association is a non-prof-it organisation affiliated to International Association of Women Judges (IAWJ). Its membership compris-es female judges and magistrates in Kenya.

Our Vision To be a model of excellence in promoting human rights, gender parity and access to justice for all

Our Mission To promote and engage in empowerment towards enhancing women and human rights awareness and creating an enabling environment for access-ing justice for all

Our GoalsTo empower judicial officers and stakeholders • to respect and uphold human rightsTo promote public awareness of all issues re-• lating to fair administration of justice as it con-cerns women and children, and in particular, to organise, convene and hold public lectures, meetings, exhibitions, talks and interviews, and to author, publish, issue and distribute books, journals newspapers, and disseminate informa-tion through the mass mediaTo engage in research, study, judicial exchang-• es and training programmes which contribute to the understanding and resolution of critical legal issues affecting women, the family, or the childTo exchange research findings and information • with sister associations and other organisations engaged in the field of administration of justice as it affects, in particular, women and childrenTo encourage co-­operation and collaboration • between women judicial officers of all nationsTo support the International Association of • Women Judges, and any other Women Judges Association in their activities.

Timeline 1989: Hon Lady Justices Roselyne Nambuye and Joyce Aluoch attend international conference where Women Judges resolve to form national associations

1993: Kenya Women Judges Association (KWJA) formed

1993: The first KWJA Constitution drafted

2001: KWJA hosts IAWJ Africa Regional Conference in Nairobi

2005: KWJA constitution amended to allow women magistrates to join the association

2007: The first KWJA 5-year strategic plan launched

2012: Number of women judges rise from 18 to 53 following the promulgation of the Constitution of Kenya 2010

2011: The first woman DCJ, Hon Lady Justice Nancy Barasa, appointed

2013 The second woman DCJ, Hon Lady Justice Kalpana Rawal, appointed

2015: KWJA membership now stands at 101 with 66 magistrates and 35 judges

2006: KWJA secretariat established with one volunteer sta!

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Key amongst the challenges that the association has encountered is lack of funding. KWJA relies on donor support for its programmes, and maintenance of its secretariat. Such support has of late become extremely difficult to secure. This is a serious draw back as the association now relies on volunteer staff, and is unable to retain a programme coordinator. We continue to engage our development partners and are optimistic that help will be forthcoming. Frequent transfer of judicial officers, often involving officials of the association, is another factor that has in the past negatively impacted on the operations of KWJA. At the moment, the association has a vibrant executive committee, with most members based in Nairobi. It is our hope that this will remain the position.I am grateful to all our development partners, without whose assistance, the implementation of the association’s programmes would not have been possible. I am also grateful to Hon Dr Willy Mutunga,

the Chief Justice of the Republic of Kenya, who is the current patron of the association; Hon Kalpana Rawal, the Deputy Chief Justice; and Mrs Anne Amadi, the Chief Registrar of the Judiciary. The support that they have extended to the association is invaluable.I extend special gratitude to the immediate former chairperson of KWJA, Hon Lady Justice Roselyn Nambuye. The association remains eternally grateful to her for the institutional memory, and for steering KWJA over a very difficult period. Finally, I wish to express my sincere appreciation to all the former officials of the association, and members of the association, for their commitment. I urge us to remain united and focused as we forge ahead in pursuit of the realisation of the association’s objectives.

Lady Justice Hannah Okwengu, JACHAIRPERSON, KWJAOctober 2015

Message from the Chairperson

The aim of this publication is to document highlights in the history of the Kenya Women Judges Association (KWJA), primarily for

the International Association of Women Judges’ 25 Years Celebration, but also for general information. The publication has been compiled with the assistance of Hon Lady Justice Roselyn Nambuye, a founder member who has provided the much needed institutional memory.Since 1993, when KWJA was formed by three founder members, the association has grown from three judges to a strong body of 100 members, incorporating women who are judges, magistrates and registrars, and even two men, as honorary members. KWJA has worked closely with the Judiciary in pursuing the association’s vision to be a model of excellence in promoting human rights, gender parity and justice for all. The implementation of the association’s Jurisprudence of Equality Programme (JEP) has promoted the application of international human rights instruments in the administration of justice in Kenya, by sensitising, training and equipping judicial officers with knowledge and skills in that area. The training programmes undertaken by the association on the Law of Succession, Gender violence and Sexual offences, have created awareness within and outside the Judiciary and resulted in many gender sensitive decisions. Also worthy of note

amongst the association’s achievements is the spearheading of the establishment of the Family Division of the High Court;; simplification of the litigation procedures in Succession Cases;; the establishment of Children’s Court;; and training of judicial officers on the Children’s Act. The training of Court Users Committees is a programme that has been ongoing for the last two years.

Introduction

Hon Lady Justice Kalpana RawalThe Deputy Chief Justice Member KWJA

Hon Dr Justice Willy Mutunga The Chief Justice Patron KWJA

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A Brief Background

Origins

Hon Lady Justice E!e Owuor

Hon Lady Justice Joyce Aluoch

Hon Lady Justice Roselyn Nambuye

Hon Lady Justices: Effie Owuor (now retired), Joyce Aluoch (now her Excellency, Judge of the ICC), and Roselyn Nambuye (now Judge of the Court of Appeal), founded the Kenya Women Judges Association (KWJA) in 1993. The three were then the only female judges of the Kenyan Judiciary. The journey begun in 1989, when Hon Lady Justices: Nambuye and Aluoch attended the tenth anniversary of the USA National Association of Women Judges (NAWJ) in Washington DC. Women Judges from 15 nations resolved at the conference to form the International Association of Women Judges (IAWJ), to champion respect and enforcement of the rights of women, children and vulnerable groups. And in 1992, the first IAWJ biennial conference was held in San Diego, California,

USA, where 80 women from 32 nations declared the birth of the IAWJ. Hon Lady Justices: Owuor, Aluoch and Nambuye, represented Kenya.In July 1993, and with Hon Lady Justice Owuor as the chairperson, Hon Lady Justice Aluoch as the vice chairperson, and Hon Lady Justice Nambuye, as the secretary, KWJA was formed. Hon Lady Justice Mary Ang’awa and Hon Lady Justice Sarah Ondeyo-­Omolo later joined the association.In 2005, KWJA members co-­opted Hon Valarie Onyango, then the Chief Litigation Officer, as a member of the association, and in the same year, the association’s constitution was amended to include women magistrates and lawyers.

Office Bearers Over TimePeriod Chairperson Secretary Treasurer

1993 - 1997 Hon Lady Justice Ef-fie Owuor

Hon Lady Justice Roselyne Nambuye

Hon Lady Justice Joyce Aluoch

1998 - 2002 Hon Lady Justice Joyce Aluoch

Hon Lady Justice Mary Ang’awa

Hon Lady Justice Sarah Ondeyo-­Omolo

2003 - 2005 Hon Lady Justice Joyce Aluoch

Hon Lady Justice Roselyne Wendoh

Hon Lady Justice Mary Kasango

2006 -2008 Hon Lady Justice Mary Ang’awa

Hon Lady Justice Maureen Odero

Hon Lady Justice Hannah Okwengu

2009 - 2012 Hon Lady Justice Roselyne Nambuye

Hon Emily Ominde Hon Lady Justice Ruth Sitati

2012 - 2015 Hon Lady Justice Roselyne Nambuye

Hon Lilian Arika Hon Lady Justice Lydia Achode

Current Hon Lady Justice Hannah Okwengu

Hon Lyna Sarapai Hon Lady Justice Lydia Achode

Founders

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ConstitutionOur original Constitution has been amended once, after members of the association identified gaps in the document. An Amendments Committee was formed in 2011 and the Constitution was amended in the Annual General Meeting of 2013.

With growth in the associa-tion’s activities, KWJA estab-lished a secretariat in Nairobi in 2006, relying heavily on vol-unteer staff. The Secretariat’s functions include coordinat-ing the day-­to-­day activities of the association, admin-istrative, financial and pro-grammatic reporting. Over time, the secretariat staff has grown:

Michael Alube – Accountant

Dolphine Ajwang’ – Administrative Secretary

KWJA SECRETARIAT

Leadership TrainingsIn 2007, the association formed a task force on the development of a training manual on the implementation of the Sexual Of-fences Act. The manual was used to train Judicial officers on how to implement the then newly enacted Sexual Offences Act, to ensure that justice is done to the victim and the perpetrator.

Women judges from neighbouring Uganda and Tanzania attended two of the many trainings conducted for judicial officers. In January 2008, nine KWJA representatives participated in a workshop on the valida-tion of the Sexual Offences Act training manual in Nairobi, where a compendium was developed.

In January 2009, IAWJ in partnership with the Kenyan Judiciary, supported KWJA’s Women’s Leadership Training, which was attended by 14 KWJA members.

In 2012, KWJA members participated in the first association mentorship workshop that was supported by the International Devel-opment Law Organization (IDLO).

In 2014, upon observing that many laws that impact the lives and rights of women and children had been legislated, the KWJA convened in October, a retreat where members were able to apprise themselves with the laws. These laws included the Na-tional Land Commission Act No 5 of 2012, the Land Act No 6 of 2012, the Land Regis-tration act No 3 of 2012, and the Matrimo-nial Property Act 2014.

ASSOCIATION’S ACTIVITIES

Strategic PlanThe undertakings and activities of the association are planned within five years intervals and the work plans summarised into five-­year Strategic Plans (SP). We have developed two strategic plans since inception, the 2007 to 2011 one, and the current one, which expires in 2016.

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At the retreat, KWJA members shared their respective experiences in applying the laws in court, proposed amendments to the matrimonial property act that was then undergoing amendments, and dis-cussed how to link and network with other stakeholders on the laws. Dubbed Emerg-ing Issues in SGBV and Gender Justice and sponsored by UN-­Women and Equal-ity Now, the retreat also brought into fo-cus emerging issues in SGBV, FGM and the Maputo Protocol.

More recently in July 2015, UNDP sup-ported the KWJA to a workshop on under-standing the linkage between SGBV and HIV, with specific focus on women living with HIV.

Jurisprudence of Equality The Jurisprudence of Equality Programme (JEP), a brainchild of IAWJ, is a train-ing programme focusing on the use of International Human Rights Instruments in advancing the rights of women, chil-dren and other vulnerable groups. The

crimes continue un-remedied or ineffec-tively remedied.

The project’s ultimate goal was to build a true jurisprudence of equality based on Uni-versal Principles of Human Rights and Non-­discrimination, by transforming the law and the legal judicial environment in ways that will promote and protect women’s and children’s rights.

With the support of UN Women and The Commonwealth Secretariat, KWJA devel-oped a training manual that was adopted by the Judiciary, and is institutionalised at the Judicial Training Institute, for sustain-ability.

In 1997, Hon Lady Justices: Aluoch and Nambuye were among the first group of IAWJ Africa Regional Judicial Officers to be trained as trainers (ToT) on JEP. Other participants were drawn from Ghana, Tan-zania and Uganda. Consequently, KWJA has trained various judicial officers on the application of human rights instruments where there were deficiencies on the pro-tection of human rights in municipal law.

In a 2005 landmark ruling, Court of Appeal Judges, Hon Mr Justices: Waki, Omolo and O’Kubasu, ruled in the case: Mary Rono versus Jane Rono and another [(2005) that

programme equipped judicial officers with knowledge and skills to apply the principles of international and regional human rights instruments on cases revolv-ing around discrimination and/or violence against vulnerable groups.

Spread over a five-­year period (2008 to 2012), the programme came at a time that violence or the threat of violence, dis-crimination and unequal treatment, limited the choices that vulnerable groups could make in their lives. Discriminatory practices and customs such as forced early marriage, FGM and wife beating limited women’s choices and had the potential to destroy their health and disrupt their lives, particu-larly educational and economic activities.

Cases of domestic violence and other forms of violence against women and children, such as rape, defilement, FGM and forced early marriage, are in the increase all over the world. Kenya can identify with this un-precedented increase, especially during the post election violence of 2007/2008. The International Women Judges Federa-tion (IWJF) believed that some of these

Some JEP highlightsIn 2008, KWJA formed a taskforce • that reviewed the JEP training manual, under the leadership of Hon Lady Justice Kalpana Rawal (currently the DCJ).

In March 2010, KWJA held a • workshop to test the revised JEP training manual.

In April 2011, a JEP ToT workshop was • held and was closely followed by training of 40 judicial officers.

The promulgation of the new • Constitution of Kenya in 2010 has enhanced JEP’s achievements, as it allows domestication of International Legal Instruments and Statutes as a direct source of law by virtue of Articles: 2(5) and 2(6).

the property of the deceased father in El-doret, be distributed equally between his nine daughters and sons. The knowledge that Justice Waki drew from the JEP train-ing programme must have influenced the ruling.

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Court Users Committees Court Users Committee (CUC) meetings are an inter-agency coordination mechanism for all stakeholders involved in the admin-istration of justice to network through work-shops, exploratory meetings, sharing of ex-periences and ideas on how to facilitate and improve the administration of justice in the court systems by ensuring that justice is available and accessible to all.

Stakeholders of the CUCs include magis-trates, advocates, medical practitioners, police officers, probation officers, children officers, and gender officers, and other groups interested in SGBV and HIV inter-vention throughout the fifteen High Court stations throughout the country.

KWJA developed CUC programme upon the premise that human rights should cre-ate synergy within various legislations, the Constitution, regional and international le-

gal instruments, and which stakeholders can incorporate and refer to when han-dling survivors and perpetrators of SGBV, human rights abuse and reproductive health issues. While the guidelines are not exhaustive, they form a basis for further development of the best practices that can enhance the CUCs’ competence and effectiveness when dealing with is-sues affecting vulnerable groups like women, children and minorities.

Family LawKWJA spearheaded the establishment of the Family Division within the High Court, and simplified litigation in Succession Cas-es, by lifting the statutory forms from the Succession Act, and making them readily available in the Family Division Registry at an affordable fees. Similarly, the associa-

tion was instrumental in the establishment of Children’s Courts countrywide, and training magistrates on how to handle chil-dren’s cases in line with international best practices.

PublicationsKWJA has published various materials, most notably: The Bench Book on Family Law, 2007;; Training Manual for Judicial Officers on the Sexual Offences Act, 2008;; Com-pendium of Judgments on the Sexual Of-fences Act, 2008;; Training of Trainers Manu-al on Jurisprudence of Equality Programme, 2009;; Compendium of Judicial Decisions applying International Human Rights Instru-ments, 2010;; Report on the Sexual Offences Act, Sexual Gender Based Violence and Children’s Act Training Assessment Report, 2010;; and the Training Manual and

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KWJA Members in Judiciary Leadership

WOMEN IN JUDICIARY LEADERSHIPWhile the activities of KWJA focus on the promotion of gender parity, and the rights of women and children, the members have not neglected their primary professional obligation as judicial officers, and have dis-tinguished themselves and excelled in the Judiciary. This became evident following the promulgation of the progressive Con-stitution of Kenya 2010 when the number of women judges appointed to the superior courts rose from 18 to 53.

Before 2010, although there were many women in the magistracy position, there was no female judge in the Court of Ap-peal and only 18 female judges in the High Court, against an establishment of 44. Ar-ticle 27(8) of the Constitution of Kenya 2010 imposes upon the State the obligation to redress gender disparity in elective and ap-pointive public appointments. The Judicia-ry has responded by appointing a record 53 women judges to the superior courts, including the first woman deputy Chief Jus-tice. Currently there are two women judges in the Supreme Court against an establish-ment of 7, 8 women judges in the Court of Appeal against an establishment of 26,

and 43 women judges in the High Court and Courts of equal status against an es-tablishment of 110.

With the implementation of the Judiciary Transformation framework, more women have been assigned leadership and man-agerial roles as follows: Resident Judge (13), Head of Station (42), Registrar (2), As-sistant Registrar (4) Deputy Registrar of the High Court (27), Portfolio Lead in the Office of the Chief Justice (3), Office of the Chief Registrar (2), the Judiciary Training Institute (2), and Office of the Principal Judge (2). Members of KWJA hold some of the offices as highlighted in the table below:

Person Position Period Contribution to Judicial transformation

Hon Lady Justice Kalpana Rawal

Deputy Chief Justice/ Vice President of the Supreme Court

2012 to date Administrative, Change Management

Hon Lady Justice Roselyne Nambuye

Board Member – National Council for Law Reporting (Kenya law)

2013 to date Growth of Jurisprudence

Hon Lady Justice Wanjiru Karanja

Member – Civil Procedure Rules Committee

2012 to date Change management

Hon Lady Justice Hannah Okwengu

Presiding Judge, Court of Appeal Malindi, Member Judiciary Leaders Advisory Council

2013-­2015 Administrative

Hon Lady Justice Jessie Lesiit

Head of Division, Chairperson NCAJ Taskforce on Sentencing

2012-­2015 Administrative, Change Management

Hon Lady Justice Lydia Achode

Chairperson NCAJ Taskforce on Bail-­bond

2012 -­2015 Administrative, Change Management

Hon Lady Justice Jackie Kamau

Resident Judge, Voi; Member Judiciary Committee on Integrated Court Management Systems (ICMS)

2014 & 2015, respectively

Administrative, Change Management

Hon Lady Justice Hedwig Ong’udi

Resident Judge, Kericho 2015 Administrative, Change Management

Hon Lady Justice Lillian Mutende

Resident Judge, Machakos

2015 Administrative, Change Management

Hon Lady Justice Asenath Ongeri

Resident Judge, Marsabit 2015 Administrative, Change Management

Hon Lady Justice Florence Muchemi

Resident Judge, Embu 2015 Administrative, Change Management

Distribution summary of current judicial officers

COURTS MALE FEMALE TOTALSUPREME COURT 5 2 7COURT OF AP-PEAL

18 8 26

HIGH COURT & COURTS OF EQUAL STATUS

67 43 110

MAGISTRATE 288 199 487KADHIS 35 - 35TOTALS 413 252 665

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KWJA Members in Judiciary LeadershipHon Lady Justice Maureen Odero

Resident Judge, Nakuru 2015 Administrative, Change Management

Hon Emily Ominde Commissioner, Judicial Service Commission, Head of Station, Makadara Law Courts

2010 -­2015 Administrative, Change Management

Hon Judith Omange

Registrar, High Court 2010 -­2015 Administrative, Change Management

Hon Dr Julie Oseko Assistant Director, JTI;; Project Liaison, Judicial Performance Improvement Programme (JPIP)

2010-­2014 Administrative, Change Management

Hon Teresia Matheka

Head of Station, Nanyuki Law Courts Judiciary Leaders Advisory Council.

2015

Hon Lillian Arika Head of Secretariat, Office of the Principal Judge of the High Court. Judiciary Working Committee on Election Preparations (JWCEP)

2010-­2015 Administrative, Change Management

Hon Lyna Sarapai Deputy Registrar of the High Court for Probate and Succession in Maua Law Courts;; Programmes Liaison in the Office of the Chief Justice

2011 -­2015 Administrative, Change Management

Hon Lucy Mbugua Head of Station, Machakos

2014 Administrative

Hon Ann Murage Head of Station, Kitui Law Courts

2014 Administrative

Hon Rosemary Kimingi

Head of Station, Kakamega Law Courts

2014 Administrative

Hon Jacinta Atieno Orwa

Head of Station, Vihiga Law Courts

2014 Administrative

Hon Anne Ongijo Head of Station, Kibera Law Courts

2014 Administrative

Hon Teresia Odera Head of Station Mavoko Law Courts

2014 Administrative

Hon Elena Gathoni Nderitu

Head of Station, Voi Law Courts

2014 Administrative

Hon Jacinta Dibondo Kwena

Head of Station, Shanzu 2015 Administrative

Hon Margaret Nafula Makokha

Head of Station , Tawa 2014 Administrative

Hon Susan Shitubi Head of Station, Mombasa Law Courts

2015 Administrative

Hon Eunice Kagure Nyutu

Head of Station, Nyamira Law Courts

2014 Administrative

Hon Dominica Nyambu

Head of Station , Kilifi Law Courts

2014 Administrative

Hon Agnes Mwangi Wahito

Head of Station , Kigumo Law Courts

2015 Administrative

Hon Judith Wanjala Head of Station , Nyahururu Law Courts

2015 Administrative

Hon Patricia Gichohi

Head of Station, Homabay Law Courts

2014 Administrative

Hon Wilbrodah Juma

Head of station -­ Narok Law Courts

2015 Administrative

Hon Rosslyn Oganyo

Head of Station, Kiambu Law Courts

2015 Administrative, Change Management

Hon Hellen Onkwani

Assistant Registrar, Court of Appeal

2014 Administrative, Change Management

Hon Sharon Mwayuli

Deputy Registrar, Land and Environment Court, Nairobi.

2015 Administrative, Change Management

Hon Rose Atieno Deputy Registrar, Criminal Division High Court

2015 Administrative, Change Management

Hon Rosaline Aganyo

Deputy Registrar, Criminal Division High Court

2015 Administrative, Change Management

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Corporate Social ResponsibilityKWJA gives back to society at individual level and corporately. In the past, the asso-ciation has visited communities, prisons and children’s homes, among others. KWJA vis-ited: Korogocho Slum, Nairobi – 2013;; Lan-gata Women’s Prison, Nairobi – 2013;; Mji Wa Salama Children’s Home, Mombasa – 2010;; Imani Children’s Home, Malindi – 2011;; Mji Wa Wazee Home, Mombasa – 2011. Indi-vidual members also support professional, educational and other basic needs of their communities and neighbourhoods.

In July 2013, KWJA held it’s first KWJA aware-ness week to sensitise the community on Sexual and Gender Based Violence (SGBV) and the rights of women, children and vul-

nerable groups. The activities included a breakfast meeting with development partners, a SGBV awareness match in the slums of Korokocho, led by the Kenya Pris-ons Band. Other activities included a Moot Court Competition at Riara University, and a mentorship programme led by the DCJ, Hon Lady Justice Rawal, at the University of Nairobi Law School.

A visit to the Langata Women’s Prison to talk on SGBV and the rights of women, children and vulnerable groups, and distribution of different food and other items donated by various partners, as well as presiding over the commutation and release of petty of-fenders from the prison, were part of our activities for the awareness week.

Commendation of Achievers KWJA receives and congratulates wom-en appointed to the superior courts as judges, and those promoted to higher courts. The association holds annually, an achievers’ award ceremony during which such officers are honoured. It is envisaged that in terms of mentorship and profiling upcoming members, this exercise will be expanded to include magistrates so as to acknowledge members’ groundbreaking efforts that have impacted positively on society.

The awarding is to acknowledge members’

groundbreaking e"orts that

have impacted positively on

society”

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IAWJ organises biennial international and regional conferences where female judg-es and magistrates from all over the world share experiences and best practices on enhancing access and administration of justice, with a bias towards the fight for the rights of women, the vulnerable and the marginalised in society.

INTERNATIONALThe first international conference that Ke-nyan women judges participated in was in 1992 in San Diego, California, USA, a year before KWJA got officially registered. Hon Lady Justices: Nambuye, Owuor, Aluoch, in the company of other women judges across the globe, attended what was the first IAWJ International Conference that was themed: Empowering the status of women, securing human rights and re-alizing justice. The conference provided

the impetus for the formalisation of KWJA.

In 1996, members of KWJA were part of the global congregation of women judges who endorsed the International Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), in Manilla, The Philipines. The theme of the conference: Equality through law commitment to keep, participants of the conference returned home with a commitment to lobby their re-spective governments to adopt CEDAW.

REGIONAL

In August 2009, KWJA members attended the IAWJ Africa Regional Conference in Ar-usha Tanzania. Two years later, in April 2011, a delegation of KWJA members attended the IAWJ Africa Regional Conference in Livingstone, Zambia, where a paper titled: The Vetting of Kenyan Judges and Magis-trates: a Blessing or a Curse? presented by

Hon Lady Justice Nambuye evoked great interest. The Kenyan Judiciary had just gone through a vetting process. The theme of the conference was: The Bangalore Prin-ciples.

The Arusha ExperienceIn May 2014, a delegation of 25 KWJA members – the largest number ever – at-tended the twelfth IAWJ Biennial Confer-ence in Arusha, Tanzania. Experiences from the vetting of Kenyan judges continued to draw great interest in the region, and Hon Lady Justice Nambuye presented the pa-per: Vetting of the Judges and Magistrates in Kenya, Through the Eyes of a Victim.

Kenyan judges and magistrates participat-ed actively in plenary sessions and present-ed papers which included: Kenya and the Hague Convention on Child Abduction. Other areas covered at the conference in-cluded:

Sextortion;; •

Improvement of the role of women • judges;;

Tips on excellence in judging;;•

Highlights on the UN Convention on the • rights of persons with disability;;

Challenges encountered in the pros-• ecution of GBV;

Tips on good judging in sexual violence • cases;

Judicial officers as change agents;;•

Justice in interstate child abductions;; • and

Justice for the vulnerable.•

Conferences

“The Conference was a tour as well as a learn-ing experience. I am barely a year old in the judiciary, and I had never met most of my se-nior sisters before the trip. It was therefore a humbling experience to finally meet them, and learn first hand from their experiences and challenges, in and out of court. I couldn’t help but think how privileged I was to be taking a road trip with my senior sisters!From the theme of the conference, to the con-tent of the programme, and definitely the open-ing speech of President Jakaya Kikwete, there was development of jurisprudence. The confer-ence lasted only a week but I felt like I had learned cumulatively for five years. All speak-ers left me inspired, and I have since promised myself to work hard in judiciary so that one day I can also inspire young people in an inter-national gathering, with my speech. The conference programme had relevant topics that judicial officers face in their daily work, but standing out were: Justice for Vulnerable Witnesses: Child Witnesses and The Best Inter-ests, from which I learned that just like in Ke-nya, the best interest of the child is the cardinal principle that should guide any judicial officer dealing with children’s cases. On Judicial Communication, I learned that what comes out of the mouth of a judicial officer, and how it comes out, matters to individuals seeking legal redress of whatever form.” – Hon Sharon Mw-ayuli, Magistrate Milimani Court.

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KWJA Executive Committee members pose for a photograph with the South African Chief Justice, Hon Mr Justice Mogoeng Mogoeng

KWJA Chairperson, Hon Lady Justice Hannah Okwengu, presents a gift to the Chief Justice of Lesotho, Hon Lady Justice Nthomeng Majara

The South African Conference – 2015KWJA attended the Biennial Regional SAC-­IAWJ Conference that was held in Pretoria, South Africa. Dubbed, Beyond Words, Be-yond 2015: Embracing the Discourse of Le-gal Implementation to Realise Planet 50-­50, the conference was attended by approxi-mately 200 women judges, magistrates, ac-ademics and other practitioners of law and development, from many African countries, including Ghana, Cameroon, Nigeria, Tan-zania, Kenya, Malawi, Zambia, Zimbabwe, Lesotho, Uganda and South Africa.

The event was strategically organised to

take place during South African Women’s Month, and to coincide with the South Af-rican National Women’s Day (8th August). Noteable speakers at the conference in-cluded South Africa Chief Justice, Hon Mr Justice Mogoeng Mogoeng, the Chief Jus-tice of the Kingdom of Lesotho, Hon Lady Justice Nthomeng Majara, and the Former Vice President of South Africa, the UN Un-der-­Secretary General and Director of UN Women, Dr Phumzile Mlambo-­Ngcuka.

While acknowledging the gains made in gender equality, speakers and participants grappled with the challenges of gender transformation in their respective countries. A fundamental starting point reiterated by

all was that increasing the representation of women in the judiciary and legal profes-sion was a necessary precondition for en-suring equal rights and dignity of all citizens. A judiciary that is a reflection of the society it serves would go a long way in eradicat-ing all forms of discrimination that women face, including gender based violence, women’s access to land, economic disem-powerment and trafficking, to mention but a few.

KWJA sent a delegation of 13 members who actively participated, and present-ed papers on Transformation (Nambuye, JA), Mentorship (Achode, J), and Judicial Health (Hon Njora). In her presentation, Jus-tice Nambuye gave a chronology of the rise of women judicial officers in Kenya from 1887, when the Kenyan Judiciary was born, to 2015. The illustration brought to light the

marginalisation of women on the bench in the earlier years, and the tremendous im-provement since the Constitution of Kenya 2010. Justice Nambuye also demonstrated the important role women judicial officers and KWJA have played in applying inter-national instruments, and influencing gen-der sensitive decisions in cases involving property sharing and inheritance.

Justice Achode shared specific experienc-es Kenyan women judges have had in their involvement in mentorship programmes of male and female judges, through one on one coaching, critiquing of judgments, role modeling, and in-­training, and also mentor-ing college students and young girls.

KWJA took advantage of the conference to felicitate the five pioneer women Chief Justices in Africa, during the gala dinner

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YEAR ACTIVITY & VENUE THEME

1992 First International Conference – California, USA

Empowering the Status of Women, Securing Human Rights and Realising Justice

1994 Second Biennial Conference -­ Rome, Italy

Domestic Violence a Hidden Phenomenon Disclosed

1996 Third Biennial Conference -­ Manila, Philippines

Equality Through Law Commitment to Keep

1998 Fourth Biennial Conference -­ Ottawa, Canada

A New Vision For a Non Violent World: Justice for Each Child

2000 Fifth Biennial Conference -­ Buenos Aires, Argentina

Women on the Edge: Education Programme Address Human Rights Issues as Applied to all Forms of Violence Against Women

2002 Sixth Biennial Conference -­ Dublin Ireland

Creative Justice

2004 Seventh Biennial Conference -­ Entebbe, Uganda

Access to Justice

2006 Eighth Biennial Conference -­ Sydney, Australia

Judicial Independence is Fundamental to all Free and Democratic Societies

IAWJ Biennual Conferences Attended by KWJA Members The Executive Committee

Hon Lady Justice Grace Ngenye - Member

Hon Lady Justice Roselyn Nambuye (outgoing chairperson) - Member

Hon Irene Kahuya - Vice -Treasurer

Hon Christine Njagi - Vice Secretary

Hon Lyna Sarapai -Secretary

Hon Lady Justice Hannah Okwengu - Chairperson

Hon Lady Justice Jessie Lesiit - Vice Chairperson

Hon Lady Justice Lydia Achode - Treasurer

Governance

Hon Rose Makungu - Member

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Hon Lady Justice Jamila Mohamed - Member

Hon Lady Justice Jackie Kamau - Member

Hon Lady Justice Hedwig Ong’udi - Member

Hon Lady Justice Kalpana Rawal - Vice ChairpersonHon Judith Omange - Vice SecretaryHon Lady Justice Martha Koome - IAWJ Laisons O"cerHon Lady Justice Sarah Ondeyo (rtd) – MemberHon Lady Justice Jeane Gacheche –MemberHon Rosslyn Oganyo – Vice-TreasurerHon Lady Justice Rose Ougo - MemberHon Lady Justice Lucy Gacheru - MemberHon Asenath Ongeri – Member

Hon Dr Julie Oseko - Member

Hon Elizabeth Juma - Member

The following have in the past served as Executive Committee Members:

SPECIAL EVENTS The association, in partnership with the Ju-diciary of Kenya, takes the lead in coor-dinating and arranging special events, as summarised below:

Prayer DayOn December 6, 2013, KWJA spearhead-ed the first Judiciary institutional prayer day. Participants prayed for peace and cohesion of the nation, stability of the judi-ciary as an institution, good health of all ju-dicial officers and their families, and many other items.

Dialogues and Retreats The association arranged for its first ever retreat with its partners in October 2014, at the Panari Hotel, where it shared its work plans and platforms upon which they would engage and forge ways of opera-tions, mainly as agents of justice, and ad-vocates of human rights for vulnerable women, children and minority groups.

KWJA AFFILIATIONS

THE KENYA JUDICIARYApart from being an affiliate of IAWJ, KWJA works very closely with its mother institution, the Kenya Judiciary, which has stood out as one of its main benefactors. The Judiciary has recognised the contribu-tion of KWJA by allocating it membership (through the chairperson) in the Judiciary Performance Improvement Programme, and also membership in the Judiciary Training Committee

IAWJBeing the root of the association, KWJA has modeled its management against the good practices of IAWJ. The conferences IAWJ arranges and coordinates are plat-form and forums for women judicial offi-cers to address matters affecting women, children and the vulnerable in society.

The association’s activities have always been supported through donor funds. The partners and the activities they support is summarised below:

CIDA - • The Sexual Offences ActCommonwealth Secretariat• - The Sexual Offences ActEquality Now• -­ Dialogues & RetreatsGIZ -• International ConferencesICJ - • WorkshopsIDLO -• Mentorship & Secretariat SupportNGEC –• WorkshopsSIDA:• GESP Programme, Sexual Offences Act, Law of SuccessionUNDP - • Court Users Committees, and Linkages Between HIV and SGBVUNFPA -• Court Users CommitteesUN Women -­• The JEP programme & The Strategic Plan for 2011 -­ 2016USAID –• International Conferences World Bank – • Judiciary projects

DEVELOPMENT PARTNERS

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Felicitations

8th August 2015

On behalf of KWJA fraternity and the Executive Committee members, I wish to take this

opportunity to salute Joan D Winship, the immediate former Executive Director of IAWJ,

for a job well done over the period she has headed this esteemed organization. I was part

of the delegation that met in Washington DC in the 1989, when the National Association of

Women Judges of the United States, under the wise and able leadership of our matriarch,

Eileen Pacht, invited women Judges from all over the world to come together with a view

to forming a united voice to fight for the rights of women and children, who are the most vulnerable and marginalized in the society. To a junior magistrate as I was then, it sounded

like a far off dream.

It has taken effort of great women to achieve this dream. Joan has been at the forefront

spending 13 years in the leadership of the organization. Joan contributed greatly in making

IAWJ rise from being a mere dream to a reality by ensuring that the organization spreads its

wings worldwide. This was no mean achievement, but the result of hard work, competence,

diligence, efficiency and dedication to the ideals of IAWJ. Her administration focused on the establishment and strengthening of chapters of the Association beyond the developed na-

tions, to Africa, Eastern Europe, Afghanistan, and even most recently, Nepal.

Like a mother, Joan extended a hand to chapters having difficulties. I recall her lovingly parading the revamped Philippines chapter at the Arusha Conference in 2014. In Kenya we

recall with great respect and fondness her encouraging letter written to us after

KWJA missed the Abuja Conference in 2013. It impressed our parent institution as a result

of which the attendance of KWJA at the IAWJ conference has greatly improved. Recently in

Nepal, when a devastating earthquake struck, Joan’s voice of consolation was heard.

Joan Winship, you are a woman of excellence, a great woman leader of exceptional ability,

an inspiration and example to many whose lives you have positively impacted.

KWJA salutes you and wishes you success in your future endeavors.

Yours Sincerely,

Hon Lady Justice Roselyn Nambuye, JAOUTGOING CHAIRPERSON, KENYA WOMEN JUDGES ASSOCIATION

KWJA Salutes Joan Winship

Felicitations

8th August 2015

Dear Sisters

The KWJA would like to honour five outstanding ladies who have risen to the apex of the jus-tice system in their respective countries by becoming Chief Justices in the continent of Africa.

The five distinguished ladies are as follows:-­

1. Hon. Georgina Theodora – Chief Justice Ghana (2002 to date)

2. Hon. Marriam Aloma Mukhtar – Chief Justice Nigeria (2012-2014)

3. Hon. Justice Anastasia Msosa – Chief Justice Malawi (2012-March, 2015)

4. Hon. Nthomeng Majora – Chief Justice Lesotho (2014 to date)

5. Hon Irene Mambilima – Chief Justice Zambia (sworn in on 20th March, 2015)

These ladies are a source of inspiration and a beacon of hope to women judges not just in their

countries, but the world at large. We recognize that the journey to the top was not without

obstacles, but a result of these ladies’ strength of character, fortitude, commitment and focus

in remaining faithful to the course of justice, despite the many challenges. The American

philosopher and essayist, Ralph Waldo Emerson, once said: “Do not go where the path may lead to, instead go where there is no path and leave a trail.”

Our five sisters are torchbearers who have ventured where there was no path and have left a trail for other women to walk through. By their tenacity these phenomenal ladies have brought

the female voice into the justice discourse in the male dominated Judiciary in Africa. Their

enthusiasm and sterling achievement is an indelible mark in the legal fraternity, which gives us

encouragement and confidence that like them we too can break the glass ceiling.

In recognition of their great achievement, Kenya Women Judges present each of the Hon Chief Justices with a copy of a personalized Constitution of Kenya from the Hon Dr Willy Mutunga, the Chief Justice of the Republic of Kenya, who is the patron of KWJA. We also present each

of the Hon Chief Justices with a commemorative plaque from KWJA.

Please join Kenya Women Judges in giving a round of applause and celebrating these excep-

tional ladies, who have broken all barriers and earned the enviable title of Hon Lady Chief Justice, on the African continent.

Hon Lady Justice Hannah Okwengu, JACHAIRPERSON - KENYA WOMEN JUDGES ASSOCIATION

Salutation To African Women Chief Justices At The IAWJ African Regional Conference In Pretoria, South Africa

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Partners

“Assessing the Past, Anticipating the Future”

KWJA congratulates the IAWJ on their Silver Jubilee

KENYA WOMEN JUDGES ASSOCIATION

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