This archive report was first published on 23 April 2020.
As the country navigates the challenges of the COVID-19 pandemic, the Judiciary has been at the forefront of experimenting with technology to enable the continuation of court proceedings.
Chief Justice David Maraga's decision to rule out the reopening of courts for the time being has been made in the best interest of all parties concerned, prioritizing the safety of magistrates, judges, advocates, court orderlies, and suspects.
The courts' endemic crowding has made social distancing measures necessary, which have slowed down the delivery of justice. However, it is better to protect lives, even if that means delaying justice a little.
Had the congested courts been allowed to continue sitting, we would likely be overwhelmed by infections and possible deaths.
Parliament has shown that it is possible to enhance the use of technology, using a balloting system to limit the number of members in the debating chamber. Similarly, the Judiciary could limit court attendance to essential personnel, such as magistrates, advocates, and prosecutors.
By reducing the number of people in the courts, social distancing can be achieved, and the delivery of justice can be made safer without compromising its integrity.
