Chief Justice Martha Koome launched a new Magistrates Court in Dagoretti, Nairobi County. The launch underscores the Judiciary’s ongoing efforts to address the myriad challenges that hinder access to judicial services in the Nairobi Metropolitan Area. Speaking at the event, CJ Koome emphasized the urgent need for collaboration among the National Government, Nairobi County Government, and development partners to create a more robust judicial infrastructure.
The Context of Judicial Challenges
Despite considerable efforts to improve access to justice in Nairobi, the region continues to face substantial hurdles. The Chief Justice outlined several challenges, including a high population density, socio-economic disparities, rapid urban development, and a significant lack of court infrastructure. These factors contribute to an overwhelming case load concentrated in Nairobi and its neighboring counties—Kiambu, Machakos, and Kajiado. Together, these areas account for a staggering one-third of all cases filed in Kenyan courts.
Nairobi City County, with an estimated population of 5.5 million, represents nearly 10% of Kenya’s total population. In 2023 alone, the magistrates’ courts in the country recorded a total of 382,388 cases filed, with Nairobi City accounting for 91,085 of those filings, approximately 24% of the national total. The Makadara Court emerged as the busiest, with 24,122 cases filed, reflecting the urgent need for additional court facilities to manage this load.
Addressing the Infrastructure Gap
Chief Justice Koome highlighted the imbalance between the demand for justice and the availability of court services in Nairobi. She pointed out that while the population continues to grow, investment in court infrastructure has not kept pace. This inadequacy has created a significant gap in access to justice, with only three out of 17 constituencies in Nairobi having Magistrate’s Courts—Kibera, Makadara, and Milimani. As a result, 13 constituencies lack adequate access to judicial services.
In response to these challenges, the Judiciary initiated a partnership with the Nairobi Metropolitan Services (NMS) to bridge the infrastructural gap. This collaboration aims to construct Small Claims Courts in Mihang’o, Huruma, Kasarani, and now Dagoretti. The Chief Justice stated that the goal is to bring judicial services closer to the people, ideally reducing the proximity of courts to less than 100 kilometers.
The Role of the New Dagoretti Court
The newly launched Dagoretti Court is expected to play a crucial role in decongesting the already overloaded Kibera and Kikuyu Law Courts. The facility will house both a Small Claims Court and a Gender Justice Court, providing much-needed services to the local community. This strategic addition increases the number of Magistrates’ Courts in Kenya to 140, although it highlights that 150 constituencies still lack access to such facilities.
Justice Koome reaffirmed the Judiciary’s commitment to ensuring that judicial services are accessible, affordable, and timely for all citizens across the country’s 290 constituencies. The establishment of the Dagoretti Court marks a pivotal step in realizing this vision, addressing both the quantity and quality of judicial services available to the public.
Collaborative Efforts for Sustainable Solutions
The Chief Justice called for collaborative efforts to create a sustainable judicial system that meets the growing demands of the population. Dr. Salome Beacco, the Principal Secretary of the State Department for Correctional Services, echoed this sentiment, emphasizing the importance of cooperation between the Judiciary and the Department to continuously decongest prisons. She advocated for the use of Community Service Orders to promote non-custodial sentences and restorative justice.
The Vice Chairperson of the Judicial Service Commission, Isaac Rutto, also reaffirmed the Commission’s commitment to enhancing the administration of justice in Kenya. He underscored the importance of an accessible, transparent, and responsive justice system, stating that the opening of the Dagoretti Law Courts reflects a commitment to uphold the rule of law while prioritizing the needs of the people.
Financial Challenges and Future Planning
Despite the positive strides made with the establishment of the Dagoretti Court, Chief Registrar of the Judiciary, Winfridah Mokaya, highlighted significant financial challenges facing the Judiciary. The Judiciary received Ksh 826 million for development against a running projects portfolio of Ksh 21 billion, with an annual resource requirement of Ksh 2.2 billion for infrastructure alone this financial year. This funding gap implies that, without new project initiations, the Judiciary will take an excessively long time to complete ongoing projects.
In light of these challenges, Mokaya emphasized the need for improved development funding and ongoing engagement with Parliament to secure the necessary resources for the Judiciary to effectively address the infrastructure gaps and fulfill its mandate.
Conclusion
The launch of the Dagoretti Magistrates Court is a critical milestone in the quest for equitable access to justice in Nairobi and beyond. Chief Justice Koome’s call for collaboration among various stakeholders is essential for addressing the systemic barriers that currently exist. While the new court represents a significant step forward, ongoing efforts are required to build a comprehensive judicial infrastructure that can meet the needs of a growing population. By working together, the Judiciary, government entities, and development partners can ensure that justice is not only a right but also an accessible reality for all citizens in Kenya. The future of justice in Kenya relies on the collective commitment to enhancing infrastructure, increasing resources, and fostering a system that prioritizes the needs of its people.
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