Judiciary Attributes Case Backlogs to Shortage of Judges & Prosecutors

The Milimani Law Courts in Nairobi as pictured on November 18, 2019.
The Milimani Law Courts in Nairobi as pictured on November 18, 2019.
Simon Kiragu
Kenyans.co.ke

A report by the Judiciary listed various factors contributing to the delays in the resolution of criminal and land cases.

As revealed in the 8th cycle of the annual performance report, delays in the progress of criminal cases in some stations were attributed to the lack of prosecutors.

The report highlighted that there were scenarios where there was only one prosecutor. This leads to delays in the progress of several cases.

"This was another factor hindering the effective dispensation of justice as several courts reported having a shortage of prosecutors which affected the criminal proceedings.

Chief Justice Martha Koome speaking during JSC interview on Mat 3, 2024.
Chief Justice Martha Koome speaking during a JSC interview on March 3, 2021.
Photo
Judicial Service Commission

"Some courts had two judicial officers but only one prosecutor who was also based far away from the station. Other courts just relied on Prosecution Counsels from neighbouring courts which was not effective," read the report in part.

Therefore, in mitigating the delays, the Judiciary noted that it would be engaging with the Office of The Director of Public Prosecutions (ODPP) to have more prosecutors deployed.

On the other hand, the report also highlighted the challenges that were faced in Environmental and Land Court (ELC) cases.

As noted in the report, the employment of more judges will be key in resolving the case backlogs witnessed in some courts across the country.

"Some courts were encountering several challenges in handling land matters and injunctions related to Environmental and Land Court (ELC) cases. These complexities led to longer processing times, often prolonging the resolution of disputes in these areas leading to backlog, especially in courts with High caseloads.

"Such courts may require additional Judges to help reduce the backlog and ensure faster resolution of cases while holding regular meetings with CUCs to help address challenges of smooth workings with various players in the justice chain," read the report in part.

Other challenges that were highlighted to have been hindering the Judiciary from administering justice include a shortage of pro-bono advocates, inadequate staff, shortage of resources and power outages.

For instance, some courts were reported to have had power outages lasting weeks.

"The Judiciary need to invest in alternative power sources, such as solar power or backup generators to ensure uninterrupted supply even when there are outages. It is also necessary to conduct regular maintenance checks on electrical systems to minimize the faults," read the report in part. 

Kenya Power technicians installing a transformer in Kisumu County on April 5, 2022.
Kenya Power technicians installing a transformer in Kisumu County on April 5, 2022.
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Kenya Power
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