The Kenyan Judiciary has successfully resolved 509,664 cases out of the 516,121 new cases filed in 2023, achieving an impressive Case Clearance Rate (CCR) of 99%, according to the State of the Judiciary and Administration of Justice Report (SOJAR) 2023-2024 released on Friday. Chief Justice Martha Koome lauded the progress, citing improved court efficiency as a major factor in reducing the backlog of cases.
The report reveals a 14% increase in resolved criminal cases and a 32% rise in resolved civil cases compared to the previous year. However, the total pending cases rose slightly by 1.2%, from 625,643 to 649,310, primarily affecting the Supreme Court, Court of Appeal, Magistrates’ Courts, and Small Claims Courts.
Case Trends and Focus Areas
Criminal cases accounted for 57% of the total cases filed in 2023, reflecting a 3% decrease from 2022. Conversely, civil cases saw a 3% increase, marking a continued growth trend over the past four years. Special attention was given to cases involving minors during the Children National Service Month, where 2,095 cases were resolved. Of these, 526 had been pending for more than three years, underscoring the Judiciary’s commitment to expediting cases involving vulnerable groups.
The Mahakama Popote Initiative, which allows judicial officers to resolve cases irrespective of their location, handled 7,665 cases, resolving 6,269 and achieving a CCR of 79%.
Digital Transformation and Access to Justice
A notable highlight of the report is the Judiciary’s strides in digital transformation. The nationwide rollout of the e-filing system, expansion of the Case Tracking System (CTS), and digitisation of court records have significantly improved service delivery and enhanced access to justice.
To further ensure accessibility, five new High Court stations were established in Isiolo, Thika, Kibera, Nyandarua, and Kwale, bringing the total number of counties with High Courts to 46. Four counties Nakuru, Kiambu, Nairobi, and Laikipia now host two High Court stations each.
Additionally, three Environment and Land Court (ELC) stations were opened in Nyandarua, Voi, and Naivasha, increasing the number of ELC stations to 40, alongside a new sub-registry in Lodwar. Magistrates’ Courts in Port Victoria, Malaba, and Etago were upgraded from mobile to fully-fledged courts, raising their total to 140.
To ease access to judicial services in remote areas, the Judiciary operationalised 57 mobile courts, reducing the average distance to a court to 80 km. It also established 27 Small Claims Courts, strategically located in border areas such as Busia, Malaba, and Taveta, to facilitate cross-border trade.
Enhancing Human Resources
The Judiciary reported significant advancements in its human resource management, promoting 2,290 employees and implementing new welfare policies. However, it operated at only 68% of its approved workforce capacity. Gender distribution showed a male majority (58%) among judges, while women were more represented among magistrates. Persons with disabilities comprised just 2% of the workforce, falling short of the 5% target.
Accountability and Transparency
The Judiciary addressed 1,115 complaints in 2023, with a resolution rate of 93%. These complaints largely pertained to judicial misconduct, prompting disciplinary actions, including dismissals and reinstatements.
Challenges and Recommendations
The SOJAR 2023-2024 report highlights areas needing improvement, including reducing the backlog of cases, increasing the workforce, and addressing gaps in access to justice. The Judiciary reaffirmed its commitment to its blueprint for social transformation, focusing on creating an independent, efficient, and accessible justice system for all Kenyans.
Chief Justice Koome underscored the institution’s dedication to innovation and inclusivity, stating that ongoing reforms aim to make justice delivery not just faster but also more equitable and transparent.
