The National Council on the Administration of Justice (NCAJ) has taken bold steps to reshape Kenya's justice system, approving the draft Sexual Offences Bill, 2026, and rolling out a comprehensive package of reforms aimed at improving service delivery and preparing the country for the 2027 General Election.
The decisions were reached during the Council's 38th meeting in Mombasa, where members from key justice sector institutions gathered to reaffirm their commitment to building a justice system that is accessible, coordinated and centred on the needs of ordinary Kenyans.
Chief Justice Martha Koome, who chairs the NCAJ, described the meeting as highly productive, with the approval of the Sexual Offences Bill standing out as one of the most significant outcomes.
"Among the most significant outcomes of our deliberations was the formal approval of the draft Sexual Offences Bill, 2026, which will, upon final updates, be submitted to the National Assembly," Koome said.
The proposed legislation seeks to modernise Kenya's response to sexual and gender-based violence by addressing emerging crimes that were not previously captured in existing laws.
The Bill specifically targets technology-facilitated offences, femicide and other evolving forms of abuse that have become increasingly prevalent in recent years.
The Chief Justice emphasised that the proposed law is not just about punishment but also about improving the protection, care and support available to survivors of sexual violence.
"The proposed legislation seeks to strengthen Kenya's response to sexual and gender-based violence, including emerging technology-facilitated offences, femicide and other evolving forms of harm, while improving the protection, care and support available to survivors," she added.
This marks a significant shift towards a more survivor-centred approach in dealing with sexual offences, recognising that justice goes beyond conviction to encompass healing and restitution for victims.
With the country inching closer to the 2027 General Election, the Council also turned its attention to election preparedness, recognising that a peaceful and credible electoral process requires the active participation of all justice sector institutions.
Following a briefing by the Independent Electoral and Boundaries Commission (IEBC), the NCAJ resolved to reactivate its Ad Hoc Committee on Election Preparedness, which will be chaired by IEBC Chairperson Erastus Ethekon.
The committee is expected to enhance coordination among justice sector agencies in resolving election-related disputes and supporting a peaceful, orderly and credible electoral process.
Chief Justice Koome made it clear that election preparedness goes beyond the management of the electoral process itself. "It encompasses the readiness of the entire justice sector to uphold constitutionalism, protect rights, manage disputes efficiently and preserve public confidence in the rule of law," she said.
She encouraged the NCAJ Election Preparedness Committee to continue providing leadership in facilitating coordinated planning among all justice sector institutions.
Law Society of Kenya president Charles Kanjama, who was present at the meeting, expressed concern about the country's level of preparedness, pointing to the recent Ol Kalou by-election where violations of the electoral code were observed with impunity. "If the legal system doesn't work, if the police are not able to do it, if the IEBC is not able to do it, as the LSK we also want to ensure there is accountability," Kanjama said.
Road safety also featured prominently during the discussions, with the Council calling for continued reforms by the National Transport and Safety Authority (NTSA) and other relevant agencies to reduce road crashes and improve the administration of justice.
The Chief Justice noted that road fatalities continue to burden both families and the courts, and urgent action is needed. "We have urged continued reforms by the National Transport and Safety Authority and other relevant agencies, within the rule of law, to reduce road fatalities, ease the burden on our courts and ensure timely justice for road users," Koome said.
The Council is also reviewing a proposed Instant Traffic Fines framework aimed at improving enforcement of traffic laws while ensuring fairness, consistency and due process. If properly implemented, the framework could improve compliance, reduce unnecessary litigation and contribute to safer roads.
In a move aimed at strengthening criminal investigations, the Council approved a revised Identification Parade Form to be used by the National Police Service.
According to Chief Justice Koome, the revised form is intended to strengthen fairness, transparency and compliance with constitutional and human rights standards during identification parades.
This is a critical reform given that flawed identification procedures have in the past led to wrongful convictions and miscarriages of justice. The new form is expected to protect the rights of both victims and suspects while enhancing the integrity of criminal investigations.
The meeting also endorsed the establishment of committees to study the feasibility of introducing Specialized Recovery Treatment Courts and Open Prisons as part of broader criminal justice reforms.
These innovative approaches are aimed at improving offender rehabilitation, reducing repeat offending and supporting successful reintegration into society. Chief Justice Koome explained that Recovery Treatment Courts would adopt a problem-solving approach for offenders whose criminal conduct is linked to substance use disorders.
"If carefully designed and piloted, the courts could reduce recidivism, improve rehabilitation outcomes and strengthen collaboration among justice, health, probation, correctional and community institutions," she said.
On the Open Prison Model, the Chief Justice said the proposed model presents an opportunity to explore innovative rehabilitation approaches that better prepare offenders for successful reintegration into society while safeguarding public safety.
The Open Prison Model complements the existing correctional system by strengthening offender rehabilitation while maintaining lawful custody, public safety, and judicial oversight.
"We also established committees to explore the feasibility of Specialized Recovery Treatment Courts and Open Prisons, innovative approaches that can strengthen rehabilitation, reduce recidivism and support the successful reintegration of offenders into society," Koome said.
These reforms reflect a growing recognition that incarceration alone is not sufficient to address the root causes of criminal behaviour and that a more holistic approach is needed.
In another key resolution, the Council considered National Guidelines on Interviewing Children in the Justice System. The guidelines are intended to ensure children who come into contact with the justice system are treated with dignity, their rights protected and their best interests safeguarded throughout legal proceedings.
This is particularly important given the vulnerability of children and the lasting impact that traumatic experiences during legal proceedings can have on their development. The guidelines promote child-sensitive practices that protect children's rights while preserving the integrity of legal proceedings.
Beyond the policy decisions, the Council launched five reform initiatives designed to improve justice delivery across the country. These include guidelines and a background study on people-centred justice, the Justice Sector ICT Policy and Action Plan, procedures for handling sexual and gender-based violence cases at the grassroots, and a common framework for addressing heavy workloads and case backlogs within justice institutions.
The People-Centred Justice Guidelines and the accompanying study represent a fundamental shift in how justice is conceptualised and delivered in Kenya.
"These two documents invite us to rethink justice from the perspective of the people who seek our services," Chief Justice Koome said.
"They remind us that justice cannot be measured solely by the number of cases concluded or institutions established. Rather, it must be measured by the experience of the justice seeker."
The Justice Sector ICT Policy and Action Plan provides a common roadmap for digital transformation across justice institutions, strengthening secure information sharing, improving data governance and reducing duplication of work.
Chief Justice Koome noted that significant progress has already been made in integrating various justice sector systems. The Judiciary's Case Tracking System has been integrated with the Office of the Director of Public Prosecutions' Uadilifu Case Management System, allowing criminal cases and charge sheets to be transmitted electronically.
Digital accounts have also been established for the Kenya Prisons Service, enabling prison facilities to file appeals, track cases and verify court orders electronically. Other integrations include the National Transport and Safety Authority for real-time verification of motor vehicle ownership, the Ministry of Lands' Ardhi Sasa platform for land disputes, and the Probation and Aftercare Service.
"I believe these are milestones worth celebrating," Koome said, urging justice institutions to embrace electronically authenticated documents and progressively transition away from paper-based processes.
The Standard Operating Procedures on Sexual and Gender-Based Violence are designed to strengthen coordination among justice institutions and ensure survivors receive timely, dignified and trauma-informed services. Chief Justice Koome emphasised that the public experiences the justice system as one interconnected chain rather than separate institutions.
"The public does not experience the justice system as separate institutions of investigation, prosecution, adjudication, legal aid, corrections, probation or rehabilitation. To the ordinary Kenyan, these are all part of one justice system," she said. She noted that any weakness within one institution inevitably affects public confidence in the entire justice chain, underscoring the need for stronger collaboration across justice-sector agencies.
Addressing concerns about the state of the justice sector, Chief Justice Koome dismissed claims that the sector was facing a crisis, saying institutions remained functional and continued to work collaboratively through the NCAJ framework.
"Let me assure Kenyans that there is no crisis in the justice sector. Our institutions remain functional, structured and committed to delivering justice," she said. She noted that Court Users Committees across the country continue to provide a platform for resolving challenges facing the justice system and improving coordination among institutions.
"The administration of justice is a shared constitutional responsibility. No single institution can deliver justice in isolation. Our strength lies in our ability to collaborate, to listen, to innovate and to remain accountable to the people of Kenya," Koome said.
She emphasised that the Council would continue strengthening inter-agency cooperation, accelerating digital transformation across justice institutions and pursuing reforms that make justice more accessible, timely and people-centred.
"Our commitment is to place the justice seeker at the heart of everything we do, and to build a justice system that Kenyans can trust and rely upon," she said. The Chief Justice also urged justice sector institutions to embrace collaboration, saying it strengthens rather than weakens institutional independence.
"The success of our work will not be measured by the number of policies we approve or meetings we convene, but by the tangible improvements experienced by those who depend on our justice system every day," she said.
The reforms approved during the 38th NCAJ meeting represent one of the most comprehensive overhauls of Kenya's justice sector in recent years. From modernising the legal framework on sexual offences to preparing for the 2027 elections, from improving road safety to exploring innovative rehabilitation approaches, the Council has demonstrated a commitment to building a justice system that is responsive, efficient and people-centred.
As the country moves towards the next general election, the reactivation of the Election Preparedness Committee and the emphasis on early planning signal a determination to avoid the chaos and disputes that have marred previous elections.
The focus on digital transformation, meanwhile, promises to make justice services more accessible and efficient for ordinary Kenyans who have often found the legal system slow, expensive and intimidating.
The coming months will be critical as the Sexual Offences Bill, 2026, is finalised and submitted to the National Assembly for debate and passage. The Bill's success will depend not only on legislative support but also on the willingness of all justice sector institutions to implement its provisions effectively.
Similarly, the various reform initiatives launched during the meeting will require sustained commitment and resources to bear fruit. But if the spirit of collaboration and innovation that characterised the 38th NCAJ meeting is anything to go by, Kenya's justice sector is on the right track.
As Chief Justice Koome reminded those present, the ultimate measure of success is not the number of policies approved but the tangible improvements experienced by those who depend on the justice system every day.
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