NAIROBI, Kenya, Nov 18 – Chief Justice Martha Koome on Thursday reported a case clearance rate of 83 per cent, despite the downscaling of court operations in the 2020/2021 financial year in line with COVID-19 containment measures.
During the launch of the State of the Judiciary and Administration of Justice (SOJAR) report, Koome revealed as at the beginning of the financial year, they were 617,582 pending cases and 356,997 filed cases out of which courts managed to resolve 294,837.
“Among the resolved cases, 207,255 were criminal cases while 87,582 were civil cases. Consequently, the Judiciary closed the year with a balance of 649,112 pending cases. The clearance rate is an internationally recognized measure of good performance by a judicial institution,” said Koome.
Out of the 649,112 cases that were pending at the end of the reviewed financial year, 375,671 cases had surpassed the one-year resolution timeline which prompted their classification as backlog.
Koome argued that the resolute to clear cases in the Judiciary will remain a tall order if the arm of government continues to be underfunded.
The Chief Justice pointed out that for the reduction of backlog to be realized, there is need for adequate funding to enable improvement of court infrastructure as well as employment of more staff to handle cases.
In her speech, Koome painted a picture of dilapidated court infrastructure, terming the state of affairs infrastructural poverty.
“The work of the Courts in the post-pandemic period cannot be carried on with the methods, spaces, and infrastructural inadequacies of the pre-pandemic period. The changes and improvements we need are long overdue. If President Uhuru Kenyatta was here, I would have taken him to the Magistrate court where judges are almost sitting on each other,” she said
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The SOJAR report revealed that Nairobi County had the highest average of filed cases at 64,111 followed by Nakuru, Kiambu, Mombasa, Machakos, Kisumu, Meru, Murang’a, Nyeri, Uasin Gishu, Kisii and Kakamega which all reported cases above the national average.
The report cited suspension of physical court sittings and poor infrastructure as some of the reasons which impeded access to justice.
“Considering these numbers, and the state of court infrastructure in Nairobi County, it is justifiably urgent to support the construction of court premises to ease pressure from the Milimani Commercial Courts and the Supreme Court Building,” said Koome.
Koome also called for employment of more judges to resolve cases subtly rooting for the swearing in of the 6 judges who President Uhuru Kenyatta declined to appoint. She noted understaffing of courts ultimately affects performance.
“People seeking justice should not have to wait upon the winds and tides of the political processes to find a Judge to hear a case. One more Judge or Judicial Officer is a resource that we cannot afford to frown upon or turn away,” she said.
Kenyatta declined to promote judges; Joel Ngugi, George Odunga, Weldon Korir, Aggrey Muchelule, Registrar of the High Court Judy Omange and Chief Magistrate Evans Kiago citing undisclosed integrity issues.
Despite the performance, Koome reiterated the need for adequate funding of the judiciary which she termed as a constitutional imperative for the operation of justice system in Kenyan.
With the anticipation of increased litigation before, during and after the 2022 general elections, the Chief Justice stated that the Judiciary is staring at a crisis as the Sh2.4 billion it requires for election preparedness has not been factored in the 2022/2023 financial budget.
“We therefore urge the Executive and the National Assembly to enhance budgetary allocation geared towards the implementation of the Judiciary’s Electoral Disputes Resolution Work Plan to guarantee efficiency and effectiveness,” Koome stated.
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The Chief Justice said the increase in caseload over the years demands for a robust judicial machinery through the improving of the judicial infrastructure.
“This huge budget deficit grossly impeded the implementation of crucial priority projects. It delayed ongoing court constructions leading to accumulation of pending bills and accrued interest,” the Chief Justice stated.
There are 123 constituencies without a single court currently being served through mobile courts and circuits. In addition, there are 8 counties without a High Court station and 7 High Court stations without a Judge relying on circuits to serve the public.
The SOJAR report cited Small Claims Courts, Alternative Justice Systems and Mediation as the main drivers for the milestones made in the administration to justice.
The Small Claims Courts have the mandate of determining cases that involve claims of less than Sh1 million.
“During the period under review, the five (5) Small Claims Courts that were operationalized resolved 637 cases at an average time of 53 days, against the statutory requirement of a maximum of 60 days,” she said.
