NAIROBI, Kenya — High Court Judge Chacha Mwita has said decisions issued by Kenyan courts are now widely shared, cited, and debated across international legal platforms, underscoring the growing global influence of the country’s constitutional jurisprudence.
Appearing before the Judicial Service Commission (JSC) during interviews for vacancies at the Court of Appeal, Justice Mwita told the panel that Kenyan rulings are no longer confined to local law libraries or court registries.
“A good judge doesn’t have to announce himself. His judgments will travel across the world,” Mwita said, reflecting on how his own judicial work has reached unexpected audiences beyond Kenya’s borders.
He explained that while conducting legal research, he has at times encountered his own High Court decisions hosted on international subscription-based legal databases.
“Sometimes I am surprised when I am doing my own research to find my own judgment on a website where I am asked to subscribe just to get my own decision,” he told the commission.
Mwita said the experience is not about personal inconvenience, but what it reveals about the stature of Kenyan courts in the global legal ecosystem.
Global reach of Kenyan jurisprudence
According to the judge, the circulation of Kenyan decisions internationally demonstrates how the country’s constitutional reasoning is shaping legal debates far beyond its jurisdiction.
He described the trend as a form of “pollination of jurisprudence across the world,” noting that comparative constitutional law increasingly draws from Kenyan case law, particularly on governance, human rights, separation of powers, and judicial review.
Legal scholars have previously noted that landmark Kenyan decisions — especially those interpreting the Constitution of Kenya, 2010 — are frequently cited in courts and academic writings across Africa and other common-law jurisdictions.
Court of Appeal interviews underway
Mwita is among 35 shortlisted candidates currently undergoing interviews as the JSC seeks to fill 15 vacancies at the Court of Appeal, a key appellate court responsible for shaping binding precedent.
The interviews, chaired by Chief Justice Martha Koome, began on Monday, January 12, 2026, and are assessing candidates on judicial philosophy, integrity, temperament, and readiness for appellate responsibility.
The JSC has indicated that strengthening the Court of Appeal is critical to improving consistency in jurisprudence, reducing case backlogs, and enhancing public confidence in the justice system.
Judicial philosophy and performance
During his appearance, Mwita outlined the personal values he believes he would bring to the appellate bench, citing hard work, discipline, patience, and simplicity as principles that have guided his judicial career.
He emphasised that adherence to timelines is central to effective justice delivery, arguing that delays undermine confidence in the courts and exacerbate backlog challenges.
Mwita told the panel that his performance can be objectively assessed through the body of decisions he has delivered, both as a single judge and as part of multi-judge benches.
Those rulings, he said, demonstrate his respect for precedent, his approach to constitutional interpretation, and his ability to work collegially — qualities he described as essential for appellate judges.
Under Article 164 of the Constitution, the Court of Appeal hears appeals from the High Court and other courts or tribunals as prescribed by law, making it a central institution in Kenya’s judicial hierarchy.
The JSC is expected to conclude the interviews in the coming weeks before forwarding successful nominees for formal appointment.
