Chief Justice Martha Koome's first year in office, concluding on May 20, 2022, saw the implementation of the small claims court, which expedited dispute resolution within three months. This initiative aligns with Article 48 of the 2010 Constitution, emphasizing accessible justice without procedural delays.
Koome's diplomatic engagement with the Executive secured a budget increase for the Judiciary, rising from Sh17.9 billion to Sh18.9 billion. However, the Court of Appeal faces severe challenges, handling over 90% of litigation while the Supreme Court's role remains limited.
The court's capacity is strained by constitutional reforms under the 2010 Constitution, which expanded rights and triggered a surge in cases involving judicial review and labor disputes. Section 7 of the Judicature Act caps appellate judges at 30, but the court operates with only six active judges after four appointments were rejected by the President.
Regional disparities worsen the crisis, with Mombasa and Kisumu each having a three-judge bench, while Nyeri lacks any. Cases have languished for years, and urgent applications face delays, undermining the court's ability to deliver timely rulings.
Roots of the Crisis ¶
The backlog stems from a protracted standoff between the President and former Chief Justice David Maraga, who retired in January 2021. The dispute left the court understaffed, exacerbating an already strained system.
Proposed Solution ¶
Amending Section 7 to raise the appellate judge count to 50 could alleviate the crisis. This would allow specialized divisions to handle appeals from specialized courts, with 10 judges per division and 30 for general High Court appeals across regional stations.
Mr Sumba, an advocate of the High Court of Kenya, is a trained journalist.
