This archive report was first published on 31 July 2019.
On July 31, 2019, the Court of Appeal judges embarked on a nationwide tour to clear a massive backlog of cases, with a staggering 1,600 pending suits awaiting resolution in Kisumu alone.
Chief Justice David Maraga had earlier directed judicial officers to expedite the adjudication of suits before them this year, acknowledging that procrastination and delays were undermining justice.
Delays in hearing and determining cases have severe consequences, particularly for low-income earners who cannot afford lawyers to argue their cases, and innocent suspects who face prolonged detention before being judged.
While judges and magistrates share the blame, other actors are equally culpable, including lawyers who engage in spurious adjournments, investigators who fail to gather concrete evidence, and prosecutors who bring weak cases to court.
Justice Maraga has criticized investigators and prosecutors for their role in perpetuating the backlog, citing instances of half-baked suits and deliberate weak cases.
To effectively address the backlog, the Judiciary must take a holistic approach, emphasizing the importance of proper evidence gathering and robust prosecution.
