IGAD Urges Political Will to Align Judiciary with Kenya’s Framework

The IGAD special envoy to South Sudan, Dr. Ismail Wais, called for a robust commitment to political will in South Sudan to help align its judicial system with Kenya. His remarks came during the conclusion of the Judiciary Reform Committee's validation work on Friday in Juba.

The IGAD special envoy to South Sudan, Dr. Ismail Wais, called for a robust commitment to political will in South Sudan to help align its judicial system with Kenya. His remarks came during the conclusion of the Judiciary Reform Committee’s validation work on Friday in Juba.

Addressing the gathering on Friday, Dr. Ismail Wais highlighted the significance of Kenya’s judicial framework, which plays a vital role in upholding the rule of law, protecting individual rights, and ensuring justice through its Supreme Court, Court of Appeal, High Court, and various subordinate courts.

“I urge you to act on the recommendations from the judicial reform committee. The hard work invested over the past two years will be for naught if not put into practice. With genuine political will, it won’t be long before the South Sudanese judiciary mirrors that of Kenya,” Dr. Wais said.

He challenged government officials, judiciary members, civil society, and international partners to ensure the success of the judicial reform process, positioning it as a cornerstone for transforming South Sudan into a stable democracy. “The rule of law is essential. It’s widely recognized that South Sudan has emerged from decades of struggle,” he added.

Dr. Wais underscored that the judiciary is not merely a state apparatus but a fundamental pillar of democracy, crucial for maintaining peace, making judicial reform imperative.

Ruben Madol Arol, the Minister for Justice and Constitutional Affairs, echoed this sentiment, asserting, “The rule of law is at the heart of our ministry’s mission. Reforming the judiciary is essential for the entire justice sector in South Sudan.”

The ad hoc Judicial Reform Committee (JRC) was created by the South Sudanese government to review existing laws, advise on necessary judicial reforms, and restructure the judiciary for greater efficiency and was established on July 28, 2022.

The JRC, formed under Article 1.17 of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), comprises ten national members representing various parties, along with two regional members.

Public consultations and stakeholder hearings addressed key themes such as the structure of the judiciary, laws governing it (including customary laws), judicial welfare, the Judicial Service Commission, capacity building, infrastructure, the establishment of an independent constitutional court, and alternative dispute resolution (ADR) mechanisms.

Findings indicated strong public support for judicial reform, highlighting the need to rebuild confidence in the judiciary, especially through effective ADR. Concerns were raised regarding interference with judicial independence from certain executive members, as well as the necessity for an independent and credible Constitutional Court. Challenges included a shortage of judges, underrepresentation of women, and the need for ongoing judicial training.

Additional issues faced by the system included enhancing police and prison services, poor working conditions, lack of housing and health insurance, transportation issues, case backlogs, and inadequate infrastructure.

With elections approaching in December 2026, establishing effective mechanisms for resolving electoral disputes before, during, and after the elections has become increasingly critical.

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