MPs urge judges to expedite delivery of justice in courts

During a meeting between the Judicial Service Commission (JSC) and the Constitutional Implementation Oversight Committee (CIOC), the lawmakers engaged on how the courts can swiftly provide justice through innovation. 

According to the MPs, Kenyans are losing faith in the Judicial system owing to challenges related to numerous case backlogs and inadequate resource allocation. 

“How is it that the earliest judgement one can expect takes 4 or 5 years?” posed Nambale Member of Parliament Geoffrey Mulanya. “Kenyans are losing faith. Quick access to justice isn’t a luxury, it’s a constitutional right.”

During the meeting, the legislators echoed the frustrations of the constituents who grapple with difficulties accessing the courtrooms. 

“Why should someone travel hundreds of kilometres just to be heard?” questioned Mwingi West Member of Parliament Charles Nguna. “We should have a functioning court in every constituency. Justice must be brought closer to the people.”

Representing the JSC, Lady Justice Fatuma Sichale revealed the obstacles within the judicial system.

“We’re sitting on a backlog of 257,000 cases,” she revealed. “With only nine Court of Appeal benches hearing all appeals in the country, the average lifespan of an appeal is about five years. We’re working on establishing 15 more benches, but the elephant in the room is funding.”

In partnership with the MPs, the JSC rolled out prototype courts, with 14 built so far. This, according to the lawmakers, forms part of the efforts to improve the speed in accessing justice. 

“Every sub-county needs a court. We’re embracing partnerships to make that happen,” added Judge Sichale. “But to function, these courts need more personnel and equipment. The budget allocation, less than 1% of the national budget, is simply not enough.”

“Intentional delays, questionable transfers of cases, and a lack of transparency fuel the perception that justice is compromised,” Suba South MP Caroli Omondi retorted.

“We need a clear case management policy, judicial performance statistics, and greater accountability. This isn’t just about courts, it’s about the trust of the Kenyan people," he added. 

Further, MP Mulanya called for a policy to address the challenges of court succession matters and the transfer of cases without one's knowledge. 

“Why should a case be filed in Kisumu when the complainant lives in Nairobi? Kenyans are frustrated. Succession matters remain inaccessible. We need a policy, urgently," he remarked. 

In response to the issues, the Chief Registrar of the Judiciary Winfridah Mokaya acknowledged that the challenges remain valid, though constrained by systemic limitations.

“The JSC can only recommend the removal of a judge. We can’t issue sanctions or address minor infractions. Even proposed legislation from JSC remains pending,” she said. “There’s also a friction in appointments due to tensions between arms of government.”

In conclusion, both parties agreed to forge a path toward permanently fixing the systems that hinder justice for all.