This archive report was first published on 3 May 2021.
On February 2020, Justice Jackton Ojwang retired from the Supreme Court, leaving a vacant seat. This led to a significant increase in the workload of the remaining judges.
Justice Marete Njagi, a judge at the Employment and Labour Relations Court, has proposed the addition of two judges in the Supreme Court to manage the workload at the country’s apex court.
According to Justice Marete, the workload is attributed to between 100 and 250 cases pending determination before the Supreme Court.
When asked about the backlog challenge, Justice Marete cited incapacity and understaffing as a result of the long recruitment processes when a vacancy occurs.
“It takes a very long time to recruit new judges, as was the case when Justice Jackton Ojwang retired last year,” noted Justice Marete.
Justice Marete also expressed his preference for individual judges to write their own judgments, rather than a single judgment from the bench.
“People are gifted differently and it is important to give each and everyone a chance,” Justice Marete said.
Justice Marete reappeared before the JSC panel alongside Justice Said Chitembwe days after being interviewed for the Chief Justice position unsuccessfully.
On May 3, 2021, Justice Marete proposed the increase of Supreme Court judges to nine.
