2017 elections cases must be finalised before 2022 poll

Chief Justice Martha Koome says Courts prioritising crimes of hate speech will be set up in select hotspots to deal with matters falling under the NCIC Act.

She has directed that all pending hate speech cases be concluded within four months saying all cases from the 2017 polls ought to be finalised ahead of the 2022 polls.

Speaking when she opened the 9th Heads of Stations Forum in Eldoret, Koome said she will gazette names of 119 Judicial Officers who have been identified for appointment as special Magistrates to hear and determine matters relating to offences under the Election Offences Act, including hate speech.

“Under the new leadership framework for the Judiciary, Magistrates’ Courts take central place because the bulk of cases (81pc of the Judiciary’s case load) and the judicial interaction of most litigants with the justice system takes place at the Magistrates’ Courts,” She said.

The CJ said Magistrates’ Courts have made strides in improving service delivery in a continuous manner that involves embracing new initiatives geared towards improving institutional performance.

“These plans include automation and leveraging of technology, embracing performance management, offering leadership to the Court Users Committees and addressing in a consultative manner, the challenges faced,” She said.

Koome further added that, “There should be a shift from focus on interlocutory/technical applications to merits of cases, application of a ‘no adjournment policy’ once matters have been fixed for hearing, and leveraging on technology in service delivery.”

The CJ lauded the reduction of the average time taken to conclude cases during the 2nd quarter of FY 2021/22 to 289 days saying, “This is a positive trend that should continue and serve as an inspiration for better performance.”

“We will operationalise the Small Claims Courts Registry in Eldoret later today and plans are advanced to launch the Small Claims Courts in Nakuru, Naivasha, Kisumu, Kakamega, Nyeri, Meru, Mombasa and Machakos,” She said.

The forum will discuss ‘Effective Management, Supervision and Control for Enhanced Accountability in the Judiciary.’ Heads of Stations manage courts in a shared leadership model decentralising the administrative mandate of the CJ.

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