Lawyer Omari says Judges have a right to dance and socialize

Added: 2026-06-01

[00:00:02]Welcome to Court of Appeal Explainer.

[00:00:07]Over the last 2 months, Judicial Service Commission has been interviewing and employing judges.

[00:00:17]In one s- sweep, 37 judges were sworn in to the ELC and High Court of Kenya.

[00:00:29]Those judges have been deployed and congra- congratulations for those judges.

[00:00:35]Equally, the Court of Appeal had its share of judges promoted and interviewed to the Court of Appeal.

[00:00:44]And lastly, one Supreme Court Judge, Justice Warsame, was also sworn in.

[00:00:53]Social media has been discussing how the judges celebrated.

[00:01:00]Can you imagine?

[00:01:02]Every lawyer dreams to be a judge.

[00:01:07]It is not an easy thing to be called a judge of the High Court of Kenya.

[00:01:13]It is such a momentous event for the families of the judges and the judges themselves.

[00:01:22]One lady judge hosted a party.

[00:01:28]And that party, as you can see, she is in the full regalia.

[00:01:36]The robe, the wig, in full red colors of the judges of the High Court of Kenya.

[00:01:46]People have been making a lot of fun.

[00:01:48]Was she on duty?

[00:01:51]Where was the prosecutor?

[00:01:55]Where was the accused person?

[00:01:59]It showed my story.

[00:02:00]Watch this clip.

[00:02:08]Look at the musician.

[00:02:12]A serious traditional musician.

[00:02:15]He's playing the music. Fantastic.

[00:02:19]Look how the crowd is excited.

[00:02:23]In attendance are politicians of national stature, the family members, invited guests.

[00:02:34]They are there dancing and happy that the judge is there.

[00:02:40]So, there are people criticizing the conduct of the judge.

[00:02:45]We went We sent our crew, Bramwell, to go and look for the judicial code of conduct.

[00:02:56]So, that we see is this conduct unbecoming of a judge?

[00:03:03]Before I give my verdict, this is the judiciary the judicial service code of conduct and ethics regulation number 102 of 2020. So, what is the law of the conduct of the judges?

[00:03:21]We looked at the judicial code of conduct and found out that in section eight, it talks about the dignity and integrity of the court processes.

[00:03:35]Here, the judge was not in court.

[00:03:40]Then we looked at section 10, which deals with private communication.

[00:03:46]Was the judge privately communicating with the people there?

[00:03:52]the judge was not communicating with any client, with any litigant, with anybody who is appearing before the court.

[00:04:05]Paragraph section 12 provides responsibility for social media activities.

[00:04:15]It says, a judge is responsible for his or her online activity and should avoid any activity, action, or association that may reflect adversely on the judge's impartiality or in interfere with the performance of judicial duties. We found out that the judge has not made any mistake in this whole issue.

[00:04:43]We looked at section 11 B. It says, a judge shall conduct the judge's personal and extrajudicial activities in such a manner as to minimize the risk of conflict with the obligation of judicial office.

[00:05:00]Did the judge risk a conflict between her official judgeship judgeship and her personal interest? No.

[00:05:11]The judge did not exhibit any of that.

[00:05:15]In section 14, it talks about propriety.

[00:05:20]A judge shall avoid impropriety or appearances of impropriety and shall one B, not participate in activities such as will impair the dignity and esteem of the court. Did the judge her dancing impair or hurt the dignity of the judiciary? No.

[00:05:47]The judge held herself with the dignity of the office of the judge.

[00:05:55]14 two A judge may may participate in extrajudicial activities including associated rights of citizenship unless such activities are incompatible with the confidence in or on the impartiality or independence of the judge or affect or may be perceived as affecting the judge's availability to perform his or her judicial activity. So, the judge is allowed to involve herself in extrajudicial activities including associated rights.

[00:06:37]So, the judge is an ordinary human being.

[00:06:42]Three A judge shall conduct his or her private affairs in such a manner as preserves the public confidence in the integrity of the judicial office. Yes.

[00:06:55]The judge by wearing those robes was keeping nobody to interfere with her dignity.

[00:07:04]She held herself with the dignity of a judge. There was nothing wrong about that.

[00:07:12]Involvement in other activities, section 17 B A judge may engage in arts.

[00:07:20]Judges are allowed to engage in arts.

[00:07:23]So, a judge can be a comedian.

[00:07:26]A judge can be a musician.

[00:07:30]Justice Chigiti is a serious saxophonist.

[00:07:36]He plays music.

[00:07:38]Listen to Justice Chigiti. There is So, the judge is allowed to be to be involved in arts.

[00:07:54]B, in sports.

[00:07:56]The judge can play any sport.

[00:08:00]Judges are human beings under Section 17.

[00:08:04]Free and other social and recreational activities.

[00:08:10]So, the judge can dance.

[00:08:13]The judge can be involved in any activity of recreation.

[00:08:19]Can a judge [clears throat] go to a swimming pool and swim? Yes.

[00:08:24]Can a judge go and dance rumba? Yes.

[00:08:28]Can a judge go and be entertained when there are serious musical extravaganza, Koffi Olomidé, coming to Kenya? Yes.

[00:08:39]The reason is that the judges are human beings.

[00:08:43]The judges proceed and say so long as it does not have affect adversely their dignity as judicial officers.

[00:08:54]Section 17E also says a judge may engage in other activities if such activities do not detract from the dignity of the judicial office or otherwise. So, the judges when we looked at the code of judicial conduct there is nothing wrong.

[00:09:15]The music legend O Sugo Winyo the Luo benga and ohangla magician listen to his music. Who can avoid to swag, to sway your waist, to nod your head, stamp your feet, and listen O Sugo Winyo music? The judge could not resist. Beng Aluor is a software.

[00:09:42]True.

[00:09:44]The music is nice.

[00:09:46]>> [snorts] >> With some fish there, with some tilapia there, with some music there. Look at the fly whiskey, how it is going.

[00:09:57]How it is going.

[00:09:59]Another Ousogoinyu.

[00:10:01]>> [music] [music] [music] [music] >> My senior advocates, Nelson Havi, senior counsel, was present.

[00:10:27]Senior counsel, Otiende Amollo, MP, former ombudsman, was present.

[00:10:36]They are excited.

[00:10:38]So, anybody blaming the judge is wasting his time.

[00:10:42]You'll blame the judge because he never She never invited you.

[00:10:45]>> Nothing wrong.

[00:10:47]>> In a celebrated case, Justice Lenaola has said, "Judges don't go in the evening to Mars, and they come back in the morning.

[00:11:00]The judges live in with us.

[00:11:04]Your neighbor can be a judge.

[00:11:08]Judges don't have their own excluded residences.

[00:11:12]Judges don't have their own excluded supermarkets. Judges go to the supermarket.

[00:11:20]Judges go to the malls.

[00:11:22]Judges don't have their own exclusive hospitals.

[00:11:26]Judges' children go to any ordinary school, like anybody else.

[00:11:32]They What is the judicial code of conduct it say?

[00:11:36]The judge is a human being.

[00:11:38]The judge attends funerals.

[00:11:42]Judges die.

[00:11:44]Judges feel the pain.

[00:11:47]Judges mourn.

[00:11:49]Judges dance.

[00:11:51]Judges celebrate.

[00:11:53]Judges are married.

[00:11:55]Or you think judges are not married?

[00:11:58]Judges conduct weddings.

[00:12:01]Judges go to maternity leaves.

[00:12:03]Judges are human beings.

[00:12:07]Therefore, anybody castigating the judge that the judge outdid herself has never read the judicial code of conduct and ethics regulations.

[00:12:22]That is cup 102 of 2020.

[00:12:27]Wakili Danstan Omari always bringing to you blockbusters from the law. What it's all about the myth. It's about what does the law say.