Koome underscores Judiciary role in economic development

The Courts’ role in economic and social development is pivotal and cannot be downplayed, Chief Justice Hon. Justice Martha Koome has said.

As a result, the CJ says the country must invest in the Judiciary to ensure the courts function efficiently to ensure access to justice to citizens, and to spur economic development.

“A State that is interested in economic development will harness the role of Courts in enforcing contractual obligations and protecting property rights.” The CJ said

Addressed the 6th Joint Symposium of the East African Chief Justice’s Forum and the East African Judicial Education Committee hosted in Mombasa Wednesday, Koome pointed out that an inefficient and ineffective judicial system, for instance, ties up enormous amounts of money and assets in the court system that cannot be invested or used to generate economic benefits.

“Such a poorly functioning justice system becomes an obstacle to national development.” She said

Under her vision of ‘Social Transformation through Access to Justice,’ she says the Kenyan Judiciary is pursuing an ambitious project of institution-building that aims at putting in place an accessible, efficient, timely, and cost-effective justice system.

“We aim to have in place adequate court stations which are adequately staffed to ensure that our goal of having all cases in trial courts concluded within three (3) years, and those in appellate courts concluded within one (1) year and within 60 days in the Small Claims Courts, in realized and maintained.” She said

The CJ noted that this is informed by the reality that commerce-friendly courts are necessary to protect and promote private property and trade.

She says the judiciary has also adopted a “multi-door” approach that promotes alternative channels for dispute resolution beyond court litigation.

“In this regard, we are encouraging and supporting arbitration, mediation, Alternative Justice Systems (AJS), and Small Claims Courts as legitimate avenues for accessing justice.”

“We are banking on the Small Claims Courts to reduce the cost and time for hearing and determination of commercial disputes and consequently support the ease of doing business in Kenya.” She said

She argues that this will be achieved through freeing up investment funds and other capital resources otherwise rendered inactive through court cases that take long to conclude.

“The timely recirculation of these funds into the economy will bolster economic transactions by optimizing limited resources thereby creating a favorable environment for economic growth.”

“We have seen  similar positive impact with the institutionalization of Court – Annexed Mediation having released more than Kshs. 11.9B into the economy over the past 5 years since this mechanism was established.” She disclosed

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