EDITORIAL: Clear huge cases backlog

Chief Justice David Maraga’s most enduring pledge has been to reduce the large number of pending court cases, which make a mockery of delivery of justice.

As the old adage goes, justice delayed is justice denied. Having an innocent person with unproven allegations hanging over his or her head for years is a horrible injustice, as the suspect’s life is literally thrown in limbo over that period.

A speedy determination of cases ensures that the innocent can quickly resume their normal lives, as the guilty are punished.

On taking office several years ago, CJ Maraga promised to prioritise the clearing of the huge backlog of cases, giving hope to many people who had waited for long periods to have their cases heard and determined.

Today, the CJ is upbeat that progress has been made.

During his tenure, he states, the backlog of cases that were more than five years old has been cleared by some 87 per cent. That is, indeed, good progress, but a lot more work still needs to be done.

The scourge of the backlog of pending cases remains a big blot on the judicial system that needs to be cleared.

It is, therefore, encouraging to hear the CJ’s latest assurance that some 4,000 appellate court cases will be cleared by the end of the year.

His promise to hire more than 10 new Court of Appeal judges is commendable and should be speeded up.

The expansion and construction of more courts across the country is also laudable as it will take justice closer to the people.

However, the CJ’s renewed effort should also go into reducing the number of pending cases in the lower courts, where the challenge is quite enormous. The CJ’s focus has been on clearing cases that are five years old. That’s a long wait for justice. But there are many that have been pending for less than five years. There is need to expedite all the cases in the higher and lower courts to enhance the delivery of justice.