The International Day of Women Judges will be marked on 10 March. Last year, UN Office on Drugs and Crime (UNODC) launched a mentorship programme under the Women in Justice – Women for Justice initiative, which aims to provide women in anti-corruption law enforcement and the judiciary with mentorship, practical leadership guidance and global networking. UNODC sat down with one of its inaugural mentees, Christine Njagi of Kenya, to learn more about the possibilities and challenges of achieving women in justice/for justice.
Christine Njagi, a principal magistrate at the Kibera Law Courts in Nairobi, Kenya, believes that getting more women to participate in the justice system all boils down to one thing – education.
Herself a member of UNODC's mentorship programme, Magistrate Njagi is a firm supporter of continued growth through education.
“In certain areas of Kenya, the problem for girls is that after you’ve surpassed the level of education your mother reached, people think it’s time to marry you off,” she says.
Magistrate Njagi says she saw this with her own eyes once during a visit to a school. “In class six, boys and girls were equally represented,” she shares. “We go to class seven, the girls were fewer. And then in class eight, there were only maybe two or three girls left.”
She says the girls told her that the others drop out to help raise families.
The experience left Magistrate Njagi unsettled. She decided to set a challenge to the girl students. “I told them, I will pay for the next year of school for whoever finishes this class with this grade.
“Two girls really, really struggled. But they made that grade, and so I paid their university or technical college fees directly for the first time. Then other girls saw ‘oh, we can pursue other things.”
Magistrate Njagi then encouraged the students to come to her court, showing them legal books and telling them what they needed to know if they wanted to have a legal career. “I told them, you need to study hard. You can’t just gamble with education.”
Women in Justice/for Justice campaign highlights that women bring different perspectives and experiences, and their participation has been linked to more effective, victim-centred responses to crime.
The difference that Magistrate Njagi has brought as a woman judge can be felt in her courtroom. “I don’t allow children in my courtroom,” she says. “I don’t think it’s the right space for them to be in – so we have a children’s room that’s right behind my court and is open for everyone to use. I’m so happy because everyone has embraced it.”
Magistrate Njagi also gives out ‘priority cards’ for cases that involve breastfeeding women, people with disabilities and the elderly so that they can leave quickly. Another staff member gives all mothers with children – “whether they are the accused or witnesses or members of the public in court, without discriminating” – milk and biscuits.
The National Council on the Administration of Justice’s Committee on Criminal Justice Reforms (NCCJR), of which Magistrate Njagi is a member, has also championed ‘alternative dispute resolutions’ and key criminal reforms.
One reform is a ‘traffic light’ approach to sentencing, in which the degree of harm caused, the offender’s circumstances, and other information are taken into consideration by the judge. “If you’re in the red box, then you’re probably getting the maximum sentence,” she explains. “But if you’re in the green box, then you might be a candidate for non-custodial sentences, which can help decongest our prisons.”
There are additional advantages of non-custodial sentences, she adds. “Instead of taking you to prison for six months or so, where you’re costing the government money, you can go give back to the community. If there’s a school that needs help to till its land before planting season, go till. Go give back.”
Christine’s message to aspiring women in law is clear: embrace uniqueness.
“Don't be afraid at times to swim against the current – you might be the one who will change the flow of the river,” she urges.
She encourages young women to carve out their own paths, even in unexpected fields. “If it's space law, go study it and do whatever you need to do. By the time people are catching up with you, you'll be the expert in your field.”
Most importantly, Christine reminds women not to fade into the background.
“Don't become a footnote,” she urges. Instead, “be the headliner.”
