The Supreme Court of Kenya has hosted a two-day high-level delegation from the Federal Constitutional Court of Germany from 27th to 28th February 2025, marking a significant step in strengthening bilateral judicial relations.
The engagement, held at the Supreme Court Building in Nairobi, brought together top justices from both institutions to deliberate on key areas of mutual interest in constitutional law and judicial practice.
This visit underscores the importance of cross-jurisdictional engagements in strengthening constitutional democracy, enhancing judicial independence, and improving the administration of justice.
By exchanging experiences, best practices, and legal insights, both courts aim to deepen their understanding of emerging constitutional and legal issues that shape contemporary jurisprudence.
In her welcoming remarks, Chief Justice Martha Koome emphasized the importance of judicial collaboration in promoting constitutionalism, democracy, the rule of law, and the independence of judicial institutions.
On his part, Prof. Dr. Stephan Harbarth, President of the Federal Constitutional Court of Germany, echoed these sentiments, underscoring the importance of in-depth dialogue across borders and continents among apex courts.
He noted that the advancement of globalization and the expansion of international law in particular necessitate a comparative approach, stressing that the foundation for a common international legal order rests upon state power being bound by the rule of law.
“The exchange between the Supreme Court of Kenya and the Federal Constitutional Court has once again proved to be an immensely enriching experience,” expressed Harbarth.
During the visit, Justices from both courts engaged in in-depth discussions on key thematic areas, including: the relationship of municipal/national Courts vis-à-vis regional or international courts; declarations of unconstitutionality of legislation, and how to control or mitigate the effect of such declarations; modes of public engagement by apex courts; and the place and extent of technology in courts, among others.
This historic engagement marks the beginning of deeper collaboration between Kenya and Germany’s highest courts, reinforcing their shared mission to uphold the rule of law and constitutional integrity.
The Supreme Court of Kenya welcomes this invaluable opportunity for inter-court collaboration and looks forward to continued engagements with apex courts from other jurisdictions to further judicial excellence and comparative legal discourse.
By Michael Omondi
