Chief Justice Martha Koome has raised concerns over insufficient funding for Kenya’s Judiciary, highlighting that the sector’s budgetary allocation pales in comparison to crucial areas like health, education, and security. Speaking during the inauguration of the Kamwangi Law Courts in Gatundu North, she underscored the pressing need for equitable financial support to ensure the effective delivery of justice across the country.
As the head of the Supreme Court of Kenya, Koome argued that the Judiciary deserves equal prioritization with other arms of government. She noted that the lack of adequate funding has hampered the Judiciary’s ability to recruit more judges, magistrates, and administrative staff, further exacerbating challenges such as case backlogs.
“We need to treat investment in justice the same way we treat health, education, and security sectors since access to justice is a fundamental right that touches every aspect of our life. We cannot talk of case backlogs when we face budget constraints. We can only do well if we invest in systems and infrastructure that make justice delivery possible,” stated Koome.
Addressing Case Backlogs and Infrastructure Gaps
Chief Justice Koome emphasized that increased funding would empower the Judiciary to build the infrastructure required to streamline the justice system. She cited case backlogs as a significant hurdle, pointing out that they result from systemic inefficiencies tied to underfunding. With additional resources, the Judiciary could enhance its capacity to provide timely and effective legal resolutions, fulfilling its constitutional mandate.
The Chief Justice also reiterated her ambition to ensure access to justice at the grassroots level. She announced plans to establish law courts in all of Kenya’s 290 constituencies. Currently, 141 courts have been completed, and she appealed to Members of Parliament from the remaining 149 electoral areas to collaborate with her office to realize this vision.
Advocating for Alternative Justice Systems
In addition to seeking budgetary support, Koome urged Kenyans to consider alternative justice systems as a cost-effective means of resolving disputes. She highlighted that mechanisms such as Alternative Dispute Resolution (ADR) offer quicker and less expensive ways to settle conflicts, alleviating congestion in the formal court system.
“Desist from rushing to the courts over matters which could be settled through the alternative dispute resolution (ADR). ADR is cheaper and less time-consuming than pursuing justice through the courtrooms,” she advised.
Her appeal aligns with ongoing efforts to integrate ADR and other community-based solutions into Kenya’s justice framework. These methods aim to foster reconciliation while reducing the burden on the Judiciary’s limited resources.
Calls for Judicial Independence
Meanwhile, representatives from the Law Society of Kenya (LSK), led by Council Member Steve Mbugua, echoed Koome’s sentiments about the need for stronger support. They emphasized that the Judiciary must assert its authority as the guardian of justice and resist undue interference from the State.
“The Judiciary should not compromise its role as an independent arm of government. It must stand firm to ensure justice for all, free from political or external pressure,” Mbugua remarked.
The LSK also underscored the necessity of adequate resources to safeguard judicial independence and enhance the Judiciary’s capacity to deliver impartial justice.
Time for Action
Koome’s remarks highlight the critical role of investment in the justice sector. As Kenya grapples with complex socio-economic and legal challenges, the Judiciary remains a cornerstone for the rule of law and democratic governance. Ensuring its operational efficiency through adequate funding is not merely an institutional need but a national priority.
For Kenya’s justice system to fulfill its potential, stakeholders must rally behind the Chief Justice’s call. This includes the government, Parliament, and civil society working together to allocate the necessary resources and create an environment where justice is accessible, timely, and fair. Only then can the Judiciary effectively serve the Kenyan people and uphold the Constitution’s promise of justice for all.
