Chief Justice of the Supreme Court Martha Koome on Wednesday, May 24, released her two-year scorecard detailing the performance of the Judiciary.
To ensure transparency, the scorecard was compiled in collaboration with the Kenya Human Rights Commission (KHRC) and the Open Society Foundations (OSF).
The report card established that the Kenyan Judiciary made some progress in 2023, but that there were still significant challenges that needed to be addressed.
The judiciary was hailed for its handling of high-profile cases, such as the 2022 Presidential Petition by Raila Odinga, who contested William Ruto's win.
However, the judiciary was also criticised for its slow pace of case disposal and for its failure to address corruption within its own ranks.
Judiciary Performance:
1. Case Backlog
The Martha Koome-led Judiciary reduced case backlog by 18 per cent in 2023. This was achieved through a number of initiatives, including increasing the number of judges and magistrates and improving the training of judges and magistrates.
Koome also made initiatives that addressed corruption within the judiciary, hence making the judiciary more accessible to the public.
By reducing case backlog, Koome demonstrated that the judiciary is committed to making justice accessible to every Kenyan.
It was noted that the judiciary still faces a number of challenges, including a lack of resources, a shortage of judges and magistrates and corruption within the judiciary that makes the cases take too long.
2. Reducing the e-filing duration
It was observed that the average time on e-filing reduced from 5 hours in 2021 to 20 minutes, according to the 2023 scorecard. This was achieved through a number of initiatives.
CJ Koome was praised for introducing of a new e-filing system that is more user-friendly and efficient. It was noted that the Judiciary provided training to court staff on how to use the new e-filing system.
The establishment of a help desk to assist court users with any concerns with the e-filing system was also very significant in the administration of justice.
3. Establishment of Specialised Courts
The 2023 Judiciary scorecard found that the establishment of specialised courts was a positive development. The scorecard noted that the establishment of specialized courts had helped to improve the efficiency of the judiciary and to provide specialised expertise in certain areas of law.
The scorecard also noted that the establishment of specialised courts had helped to reduce the backlog of cases in certain areas of law. For example, the establishment of the Environment and Land Court has helped to reduce the backlog of cases in environmental and land matters.
According to the report, specialised courts helped to improve access to justice for certain groups of people. For example, the establishment of the Children's Court has helped to improve access to justice for children.
Here are some of the specialized courts in Kenya:
i) Environment and Land Court
ii) Anti-Corruption Court
iii) Commercial Court
iv) Family Court
v) Children's Court
vi) Labour Court
vii) Tax Appeals Tribunal
vii) National Environment Tribunal
ix) National Land Commission
4. Small Claims Courts
The scorecard stated that the average time for disposal of cases in the Small Claims Court was 53 days in 2023. This is a significant improvement from the average time of 120 days in 2022.
The reduction in the time taken to dispose of cases is a positive development for the Small Claims Court. It makes it easier for people to access justice and it helps to reduce the backlog of cases.
The reduction in the time taken to dispose of cases in the Small Claims Court is due to a number of factors, including, the establishment of a dedicated Small Claims Court.
The appointment of more judges and magistrates to the Small Claims Court and the introduction of a new case management system was also significant in reducing the number of days it took to conclude cases.
