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Court Backlog: A Matter of Judicial Capacity

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 17 September 2019.

Published on September 17, 2019, the Judiciary has been facing criticism for obstructing the war against corruption due to its slow pace in making decisions and enforcing sanctions on culprits.

One of the primary reasons for this slow pace is the lack of capacity within the Judiciary, which is understaffed and unable to conclude cases promptly and guarantee effective administration of justice.

However, in a bid to address this issue, the Judicial Service Commission submitted a list of 10 names of candidates to be appointed judges of the Court of Appeal and 33 others to work in other courts to President Uhuru Kenyatta two months ago.

Despite this, the President has not made any appointments, which may indicate that he has reservations about the nominees or is simply too busy to check and sign off the list.

Whatever the case, this inaction derails court processes and undermines the justice system.

Chief Justice David Maraga has reported that the Judiciary had drastically reduced pending cases older than five years from 110,000 to 15,000 in under one year, with the goal of clearing the remainder this year.

However, this momentum cannot be maintained without adequate court officers and proper funding to secure resources that can enhance arbitration.

Expansion of the Judiciary remains one of the major challenges for the government, providing a strong foundation to democracy and the rule of law.

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