When you are in court, it is essential to address the judge correctly. This shows respect for the court and the judicial process. It also helps to maintain order in the courtroom.
There is proper etiquette for addressing a judge in Kenya. It is important to be respectful, so the judge is more likely to listen, avoid embarrassing yourself, and avoid profanity lest the judge finds you in contempt of court.
Keep reading to learn how to correctly address a judge in Kenya in writing and other formal non-courtroom settings, like academic gatherings.
How To Address A Judge In Court (Kenya)
There are a few different ways to address a judge. However, the most common and proper way is to say “Your Honor” or “Mheshimiwa” in Swahili.
In some courtrooms, the judge may have a unique title. For example, the supreme court judges in Kenya hold the title “Justice.”
It is also essential to know how to address a magistrate correctly. A magistrate is a judge who handles some types of cases, such as small claims. The proper way to address a magistrate in Kenya is “Your Honor” or “Mheshimiwa” in Swahili, just as you would address a judge.
Before the change in the Kenyan Constitution in 2010, judges were addressed as “My Lord” or “My Lady,” which is not wrong to say in court today, but it’s considered archaic and outdated.
How To Address A Judge In A Letter
Whenever we’re addressing someone more senior than us in a show of respect, the letter starts with Dear (Name). The legal profession may seem to have different rules, but it’s all the same.
In any written correspondence to the court, it is relevant to introduce the judge to whom you are addressing the letter. The only rule is to stay respectful, stay relevant, and stay short and precise.
If you are writing within your capacity as a lawyer, legal professional, or any other degree, the salutation will start with “Dear Judge (surname).”
No matter how long you have known the judge, keep it friendly yet formal when addressing them in the context of their job. Addressing them by their position as a judge followed by their name will still make your letter friendly and familiar.
Addressing A Judge In Academic Gatherings
If you find yourself in a situation where you have to introduce a judge as part of the protocol or for any other reason in formal non-courtroom gatherings, refer to them as “Judge (surname),” “Honorable (surname),” or “Justice (surname).”
For better context, referring to the judge by their first name and surname is acceptable. So, for example, you can say the Chief Justice in Kenya at the time of writing is Justice Martha Koome.
Conventionally you’d only use both names in a gathering of people who may not already know the judge you’re referencing.
What are some things you should avoid saying to a judge
It’s never easy to speak in court, but knowing what to say and how to communicate is crucial to making your case.
When speaking to a judge, be sure to address them respectfully. Whether or not you’re representing yourself or the judge is your friend, the courtroom is not a place for casual conversation; for example, don’t use the word “Hi!” in your opening sentence.
Referring to the judge as “Sir” or “Ma’am” is unlikely to land you in any trouble with the court, and at worst, you’ll be informed to address the judge or magistrate in their respective title. Still, you can save yourself the awkwardness by refraining from it.
Overview
In conclusion, it is important to remain respectful when addressing a judge. This includes avoiding profanity and using terms such as “sir” or “madam,” which can come across as disrespecting courtroom etiquette. Instead, acknowledge their position as the judge or magistrate.
When addressing a judge in a Kenyan court, saying “Yes, your honor” or “No, your honor” is fine. When addressing them in writing, start with “Dear Judge (surname).”
We hope you found this guide useful, and we’d appreciate any feedback or questions you may have.
