Senior Counsel Nelson Havi has publicly challenged the leadership of Kenya's Judiciary over the state of courtroom facilities, calling for urgent improvements to the conditions under which litigants and advocates access justice.

In a statement shared on social media, Havi directed his remarks to Charles Kanjama, urging him to engage Chief Justice Martha Koome on what he described as the neglect of courtrooms across the country.

"President Charles Kanjama, SC have a discussion with C J Martha Koome. Let her provide decent seats to litigants and Advocates. Courtrooms have been neglected," Havi stated.

The remarks have reignited a long-standing debate about the state of judicial infrastructure in Kenya, particularly the condition of courtrooms that serve thousands of litigants, lawyers, witnesses, and judicial officers every day.

Beyond Court Decisions

While public discussions about the Judiciary often focus on landmark rulings, constitutional disputes, and high-profile cases, legal practitioners argue that the physical condition of court facilities plays a crucial role in the administration of justice.

Advocates have previously raised concerns about overcrowded courtrooms, inadequate seating, poor ventilation, aging infrastructure, and limited facilities for members of the public who spend long hours waiting for their matters to be heard.

For many litigants, particularly those travelling from distant regions, court appearances can involve spending an entire day within court premises, often in facilities that critics say have not kept pace with the growing demands placed on the Judiciary.

Access to Justice Includes Dignity

Legal experts have increasingly argued that access to justice should not only be measured by the availability of courts and judicial officers but also by the conditions under which justice is delivered.

The concern raised by Havi touches on a broader question: whether litigants, many of whom are already dealing with stressful legal disputes, should be expected to endure inadequate facilities while seeking justice.

Lawyers have also complained that some courtrooms lack sufficient seating for advocates, forcing practitioners and members of the public to stand during proceedings or crowd into limited spaces.

Pressure on the Judiciary

The comments come at a time when the Judiciary continues to face competing demands, including case backlogs, budgetary constraints, digitization efforts, and calls for improved service delivery.

While significant investments have been made in modernizing parts of the judicial system, critics argue that physical courtroom infrastructure has not received the same level of attention.

Havi's remarks are likely to resonate with many legal practitioners who regularly interact with court facilities and have witnessed firsthand the challenges facing litigants and advocates.

A Call for Action

The statement places attention on the leadership of both the Judiciary and the legal profession, with Havi specifically calling upon Law Society of Kenya President Charles Kanjama to engage Chief Justice Martha Koome on the issue.

Whether the concerns will trigger reforms remains to be seen. However, the comments have once again highlighted an often-overlooked aspect of Kenya's justice system: that the quality of justice is not only reflected in court decisions but also in the environment in which those decisions are delivered.

As debate continues, many court users will be hoping that the conversation translates into tangible improvements that enhance dignity, comfort, and accessibility for all who pass through Kenya's courtrooms.