Why Nyeri Court of Appeal has not sat for last 2 months

Why Nyeri Court of Appeal has not sat for last 2 months

The court of appeal in Nyeri has not sat for the past two months due to shortage of judges.

According to Nyeri Court of Appeal Deputy Registrar Harrison Adika, two of the judges who had been stationed in Nyeri have been transferred elsewhere.

According to Adika, there were three judges in Nyeri but when Justice GBM Kariuki retired and was not replaced only 2 were left and a third one to constitute the bench would always be brought in from Nairobi.

When reshuffles happened this year, Nyeri received two judges but Justice Roselyne Nambuye was recalled to Nairobi while Justice Daniel Musinga was taken to Malindi to constitute a full bench there and Nyeri was left without judges.

According to Adika, they had cut down on the backlog to almost 400 civil appeals and about 300 criminal appeals but failure by the court to sit, the cases now could be about 800.

The Nyeri Appellate court has been directed to refer any urgent appeal to the president of the Supreme Court for them to be heard in Nairobi but normal appeals will have to wait.

Speaking to Citizen TV, Mr. Wahome Gikonyo, the Law Society of Kenya Chairperson, Nyeri Chapter said the shortage of judges has meant that there is no case hearing or determination of cases which he said has an adverse effect of the administration of justice.

At the same time, he noted that Advocates are also feeling the heat as their clients keep asking when their cases will be heard and determined.

Gikonyo added that he had received a hearing notice for November 5th but now he is receiving information that he will be receiving a letter indicating that it will not happen.

When Nyeri had a bench led by justice Alnashir Visram they had no backlog at the appeal and cases were being heard real time with determinations taking place in 2 less than two weeks.

They now hope that the matter will be resolved soon regardless of indications that the president is not swearing in judges soon.

Adika explaine that there was supposed to be a bench on 5th, but they can’t hold it because the of budgetary cuts directed to the judiciary by treasury.