Judiciary seeks Sh17.9bn in bid to fast-track justice 2

Chief Justice Willy Mutunga. FILE PHOTO | JEFF ANGOTE |  NATION MEDIA GROUP

In Summary

• Among the major highlights in the estimates is the plan to reduce by half the case backlog, which is now standing at over 400,000 cases.
• The High Court disposed 39,780 cases in 2014 compared to 18,718 in 2013.
• A survey undertaken by Judiciary’s performance management directorate found that the court system has a case load of 426,508 cases.

By MAZERA NDURYA
More by this Author

The Judiciary is asking for Sh17.9 billion in the next financial year for its development and recurrent expenditure.

Among the major highlights in the estimates is the plan to reduce by half the case backlog, which is now standing at over 400,000 cases

The Judiciary also wants to start construction of 12 High Court and magistrates' stations.

It plans to establish five new magistrate/Kadhi courts and three High Court mobile courts to help speed up the dispensation of justice.

But the Judiciary will have to contend with a number of challenges in the implementation of its budgetary programmes.

In the financial year that is almost ending, the Judiciary faced some constraints, including understaffing, which made it harder to operate efficiently.

Delays in processing land ownership documents affected the pace of construction of courts and the absorption rate of the allocated funds.

In the survey released by Devolution and Planning Cabinet Secretary Anne Waiguru, she commended the Judiciary’s move to hire more judicial officials and other staff, as well as opening new courts throughout the country.

DISPOSED CASES

Although the number of cases handled by various courts increased by more than 50 per cent and those pending increased by 30 per cent, the number of cases disposed of by the High Court more than doubled.

The High Court disposed 39,780 cases in 2014, compared with 18,718 in 2013. Cases filed in the magistrates’ courts increased by 66.3 per cent from 277,666 in 2013 to 461,893 in 2014.

According to the survey, the number of magistrates increased from 410 in 2013 to 493 in 2014 mainly due to hiring of more resident magistrates. The number of judges increased from 119 to 133 in the same period.

Early this year, Chief Justice Willy Mutunga launched the "Justice@Last" initiative that is aimed at clearing and closing all cases that have lasted for more 12 months.

A survey undertaken by the Judiciary’s performance management directorate found that the court system has a caseload of 426,508 cases.

The case backlog stood at more than one million in 2011.

Although there has been a tremendous reduction in the number of pending cases, Dr Mutunga said the need to increase the number of judicial staff cannot be taken lightly.

He said issues of corruption and delays in the dispensation of justice would continue to dog the Judiciary if key administrative issues are not tackled.

“Even as we improve our work methods, invest in technology for efficiency and promote alternative justice mechanisms, we must remain aware that with the present number of judges we have — with each High Court judge handling an average 1,600 cases — we will not realise much.

“The need to hire more judges has never been more urgent. The recruitment of more judges must be treated as a national emergency if we are to avoid turning the courts into a refuge for the corrupt, mischievous, indolent, and overwhelmed,” said the CJ.