This archive report was first published on 19 November 2019.
Published on November 19, 2019, the Kenya Magistrates and Judges Association (KMJA) Union has called on President Uhuru Kenyatta to appoint 41 nominated Judicial Service Commission (JSC) members to tackle the country's growing judicial backlog.
According to the Union, the delay in appointing judges has resulted in a staggering 372,928 backlog of cases, with approximately 400,000 new cases being filed annually against a diminishing number of judges and magistrates.
As of January 7, 2019, the judiciary was handling 644 judges and magistrates combined, with the backlog standing at 372,928 cases. In comparison, England and Wales, with a population of 58 million, has 3,210 judges and approximately 22,000 lay magistrates, resulting in a significantly shorter case completion period.
Speaking to the press, KMJA Secretary-General Derrick Kuto emphasized that the shortage of judicial officers has led to a slowdown in case determination, violating the constitution and the rule of law. He added that the Institutional Independence of the Judiciary is being undermined by the delay in appointing judges.
“Article 1 of the constitution vests sovereign power in the people of Kenya, and this power is donated to the three arms of government. This power should only be exercised by the will of the people,” Kuto said.
The Union is now urging President Kenyatta to appoint the nominated judges, who have been waiting for four months since their names were forwarded to him. The President had earlier defended his decision not to gazette the judges, citing integrity concerns and promising to take “legal and administrative” action.
