Court of Appeal President asks for more judges ahead of 2022 election

Court of Appeal President Justice Daniel Musinga has called for appointment of more judges to the Appellate chamber, decrying the rising number of pending cases and the workload on members of the current bench.

According to statistics from the Appeals court, there are 8,000 pending cases, with only 20 judges to hear and determine them.

And the situation is likely to get worse, with two Appellate judges retiring next year.

President Uhuru Kenyatta declined to appoint four of the judges recommended to join the second highest court in the land, citing integrity concerns, sparking a standoff with the judiciary.

“Tuna karibu kesi elfu nane ambazo ziko katika mahakama yetu ya rufaa,” said Justice Musinga.

With 20 judges, the Court of Appeal has to handle the volumes coming from the High Court that has 147 judges, including those sitting at the Employment and Labour Relations, as well as Environment and Lands Courts.

“Tuna majaji 20 tu, kisheria tunapaswa kuwa na 30…kati ya hao 20, wawili wana shughuli nyingi sana,” stated Justice Musinga.

The protracted standoff pitting President Uhuru Kenyatta against the Judiciary, over his decision in June last year not to appoint 6 new judges recommended by the Judicial Service Commission (JSC), aggravating the situation.

Four of the judges; Aggrey Muchelule, Weldon Korir, Prof. Joel Ngugi and George Odunga were to join the Appellate chamber, while High Court registrar Judith Omange and Chief Magistrate Evans Makori were to join the High Court.

“I believe if we had a capacity of about 25 or 26 judges, this kind of a backlog would not be there, we had not too long ago come down to about 4,000 pending cases, but you can see in the last two or so years, the number has doubled,” said Justice Musingu.

President Kenyatta cited integrity questions on the recommended judges, though details remain undisclosed.

Late last month, three High Court judges George Dulu, William Musyoka and James Wakiaga gave President Kenyatta 14 days to appoint the six judges, or else they would be deemed appointed, with Chief Justice Martha Koome at liberty to swear them in.

The president appealed the verdict, and so has CJ Koome.

Appellate judges Roselyn Nambuye, Wanjiru Karanja and Imana Laibuta temporarily suspended the High Court order, pending a ruling on Friday.

“Mwaka ujao, majaji wawili wanastaafu, ukiangalia wale 20 tuko nao, wakistaafu wawili tutabaki 18, na hiyo kesi iliyo mahakamani hata ikiamuliwa kwa vyovyote, bado kutakuwa na haja ya kuteua majaji watano au sita hivi, na hata ikiwezekana wateuliwe wengi ili tufike 30 kama inavyotatikana kisheria,” stated the Justice Musinga.

Two of the Court of Appeal Judges; Mohamed Warsame and Kathurima M’inoti also have other duties to attend to.

Warsame is the court’s representative in the Judicial Service Commission, while M’inoti sits in the East African Court of Justice’s appeals chamber.

“Ukiondoa hao 2, tunabaki na majaji 18, kati yao, kumbuka tuko na watatu hapa Mombasa, na watatu kule Kisumu, wengine unapata wako leave, na hivyo kila siku, wale judges wako duty ni kama 15 hivi,” said Justice Musinga.

Chief Justice Koome acknowledged the appeals court situation.

“We must increase the number of judges and a board paper is before the JSC for consideration and we are hopeful that next year we might get new judges. The recruitment of judges go with other needs, we need infrastructure where the judges will sit,” said the CJ.

“Most of you have come to the Supreme Court where the Court of Appeal also sits. That building was built in 1935, with a capacity for 7 judges. Today it is stretched beyond limit.

With at least 2,500 cases being filed at the Court of Appeal, out of which, at least 1,250 are dealt with each year and a current backlog of 8,000 plus applications, it is justice delayed for the litigants.