This archive report was first published on 18 November 2021.
On November 18, 2021, Chief Justice Martha Koome presented the State of the Judiciary and Administration of Justice (SOJAR) report, highlighting the Judiciary's performance during the 2020/2021 financial year.
Despite the downscaling of court operations due to COVID-19 containment measures, the Judiciary maintained an 83% case clearance rate. This achievement is a testament to the Judiciary's resilience and commitment to delivering justice to the people of Kenya.
According to the SOJAR report, the Judiciary resolved 294,837 cases out of 972,579 pending and filed cases. The report also revealed that Nairobi County had the highest average of filed cases at 64,111, followed by Nakuru, Kiambu, Mombasa, Machakos, Kisumu, Meru, Murang'a, Nyeri, Uasin Gishu, Kisii, and Kakamega.
Chief Justice Koome emphasized the need for adequate funding to improve court infrastructure and employ more staff to handle cases. She also highlighted the challenges posed by dilapidated court infrastructure, terming it 'infrastructural poverty.'
“The work of the Courts in the post-pandemic period cannot be carried on with the methods, spaces, and infrastructural inadequacies of the pre-pandemic period. The changes and improvements we need are long overdue,” she said.
The SOJAR report also cited the suspension of physical court sittings and poor infrastructure as reasons that impeded access to justice. Chief Justice Koome called for the construction of court premises to ease pressure from the Milimani Commercial Courts and the Supreme Court Building.
She also emphasized the need for the employment of more judges to resolve cases, rooting for the swearing in of the 6 judges who President Uhuru Kenyatta declined to appoint. The Chief Justice noted that understaffing of courts ultimately affects performance.
“People seeking justice should not have to wait upon the winds and tides of the political processes to find a Judge to hear a case. One more Judge or Judicial Officer is a resource that we cannot afford to frown upon or turn away,” she said.
With the anticipation of increased litigation before, during, and after the 2022 general elections, the Chief Justice stated that the Judiciary is staring at a crisis as the Sh2.4 billion it requires for election preparedness has not been factored in the 2022/2023 financial budget.
