The Judiciary of Kenya continues to make significant strides in the delivery of justice, showcasing a remarkable performance despite facing ongoing budgetary constraints.
According to Chief Justice Martha Koome, the Judiciary has demonstrated resilience and innovation, improving access to justice and enhancing service delivery for Kenyans across the country.
In her address during the presentation of the State of the Judiciary and the Administration of Justice (SOJAR) Report for the year 2023/24 at Milimani Law Courts on Friday November 15, 2024, CJ Koome highlighted notable achievements, particularly in the reduction of case backlogs and the expansion of judicial services to more regions.
The Judiciary’s Case Clearance Rate has hit an impressive 99%, with 516,121 new cases filed in the past financial year, and 509,664 cases resolved.
This marked increase in case resolution underscores the Judiciary’s growing capacity to handle its caseload efficiently, despite historical underfunding.
The Chief Justice noted a 2.16% drop in pending cases, from 649,342 to 635,262. This reduction, she explained, is part of an ongoing effort to tackle the case backlog that has long hindered the justice system.
“Our case backlog has decreased by 10%, with key courts such as the Employment and Labour Relations Court (ELRC), Environment and Land Court (ELC), Tribunals, and Kadhis’ Courts leading the way,” CJ Koome stated. These courts achieved reductions in backlog by 37%, 20%, 29%, and 82% respectively.
For CJ Koome, each case resolved represents more than a statistic. It is an instance of justice delivered, building the public’s trust in the Judiciary. “This achievement speaks to the determination and hard work of our judges and judicial officers, who have managed to deliver these impressive results even with limited resources,” she emphasized.
The Judiciary has also focused on making justice more accessible, with strategic expansions across the nation.
The Chief Justice reported that the High Court is now operational in 46 out of 47 counties, and that 27 Small Claims Courts have been established nationwide. Additionally, 57 mobile courts have been activated, reducing the average distance to court services to 80 kilometers.
The Judiciary has also made significant strides in integrating Alternative Justice Systems (AJS) into the formal justice process.
With eight AJS Ukumbi suites established and AJS County Action Plans rolled out in four counties, the Judiciary is bridging the gap between formal legal systems and community-based conflict resolution methods.
“These initiatives reflect our ongoing commitment to delivering justice that is not only timely and efficient but also inclusive and responsive to the diverse needs of Kenyans,” CJ Koome noted.
Technology continues to play a central role in transforming Kenya’s Judiciary.
CJ Koome pointed out that the Judiciary has fully implemented e-filing across all court stations, allowing for online case filing, enhanced file security, and elimination of the problem of lost physical files.
Additionally, 67 court stations have been connected to the National Optical Fibre Backbone Infrastructure (NOFBI), while 42 others have seen upgrades to their Local Area Networks (LAN).
These developments have strengthened the Judiciary’s digital platforms, making justice more accessible and efficient.
“Through these transformative efforts, we are ensuring that Kenyans can access justice closer to their communities,” said CJ Koome. “Affordable and accessible justice for all is steadily becoming a reality.”
Despite these achievements, CJ Koome expressed deep concern over the persistent underfunding of the Judiciary.
She revealed that for the past three financial years, the Judiciary has consistently received nearly 50% less than its required budget. In the most recent fiscal year, the Judiciary was allocated KSh22.42 billion, which is significantly below the KSh43.17 billion needed to effectively operate and meet the demands of a growing caseload.
This funding gap has hindered the Judiciary’s ability to expand infrastructure, enhance security, and improve the well-being of judicial personnel, all of which are essential for optimal service delivery.
“The Judiciary’s capacity to meet the expanding demands of justice is constrained by this funding shortfall,” the Chief Justice lamented.
CJ Koome appealed to both the Legislature and the Executive to recognize the Judiciary’s funding needs and allocate the necessary resources.
“For us to continue making strides in justice delivery, we need adequate investment to fully staff the Judiciary and support its operations,” she urged.
“Only with the right resources can we ensure that the justice system keeps pace with the needs of our citizens.”
In conclusion, the Chief Justice reiterated the Judiciary’s commitment to delivering fair, timely, and accessible justice.
“The efforts we have undertaken so far are a testament to our dedication to the Kenyan people, but we cannot rest on our laurels. The future of our justice system depends on the investments we make today,” CJ Koome said.
