Judiciary grapples with 48% funding shortfall as it clears over 50,000 small claims cases
According to Spokesperson Paul Ndemo, the Judiciary is currently grappling with a 48 per cent funding shortfall, which affects key areas such as court construction, mobile court operations, recruitment of judicial officers, and automation.
More than 50,000 cases out of the 61,269 filed at small claims courts since 2021 have been resolved, with a total value of Sh9.2 billion.
In a statement on Thursday, the Judiciary called for increased funding to recruit more staff and enhance efficiency in handling cases.
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According to Spokesperson Paul Ndemo, the Judiciary is currently grappling with a 48 per cent funding shortfall, which affects key areas such as court construction, mobile court operations, recruitment of judicial officers, and automation.
He noted that last year alone, 516,121 cases were filed. At the end of the year, 635,262 cases were still pending, to be handled by 207 judges and 600 magistrates and Kadhis. “This translates to 710 cases per judge and 1,600 cases per judicial officer annually.”
He highlighted that since their inception, the courts have also resolved 50,666 small claims court cases, amounting to a total value of Sh9.2 billion.
The small claims courts are handled by magistrates who also serve as adjudicators.
“We established the small claims court in April 2021 to handle commercial disputes with a value of up to Sh1 million. The court has experienced significant growth in caseload from 1,023 in the first year to 61,269 currently,” he said.
“We continue to engage Parliament for funding to enable us to recruit adjudicators for the court, and we are positive that our request will be considered favorably.”
Beyond small claims courts, the Judiciary said it has been implementing various reforms to enhance access to justice. One of the initiatives is the Alternative Justice System (AJS), which integrates traditional dispute resolution methods with the formal court system.
Ndemo said AJS has helped people resolve disputes and present their agreements in court for recognition and adoption.
He added that the system has been successfully introduced in Lamu, Samburu, Nyandarua, Mandera, Turkana, Uasin Gishu, Nakuru, Isiolo, Narok, and Kajiado counties.
The Judiciary has also invested heavily in automation to improve efficiency and curb corruption.
“Our e-filing system allows customers to file cases from the comfort of their homes or offices at any time. The virtual court platform enables clients and advocates to attend proceedings without travelling, saving both time and costs,” he said.
Ndemo emphasised that the Judiciary has further established a transcription centre at Milimani Law Courts to record and preserve court proceedings.
“This will help address the problem of missing files and delays in lodging appeals. We invite the media to visit the centre to witness the work being done there,” Ndemo said.
To support digital transformation, the Judicial Service Commission has also engaged 993 youth to scan pre-automation court records as part of the Judiciary’s goal to achieve a fully digital and paperless court system.
Another key initiative is Court Annexed Mediation (CAM), which has played a crucial role in resolving disputes since its inception in 2016.
According to Ndemo, in the last financial year, 6,573 cases worth Sh83.78 billion were referred to mediation. Of these, 5,932 cases were successfully resolved, releasing Sh35.7 billion back into the economy.
He noted that since 2016, matters resolved through CAM have amounted to Sh103.7 billion.
Ndemo also stressed the backlog of succession cases, revealing that 90 per cent of pending cases are uncontested.
He however highlighted that the Chief Justice has directed courts to isolate such cases and expedite them. “We have strengthened collaboration with the Government Printer to streamline the process.”
On accountability, Ndemo assured Kenyans that the Judiciary remains committed to transparency and timely service delivery.
“We owe it to the people to uphold the highest ethical standards,” he said, adding that the Judiciary has an internal complaint-handling system through the Office of the Judiciary Ombudsman.
A total of 1,115 complaints were received through the Judiciary Complaints Management System, in addition to 331 from the previous year.
Ndemo said the Judiciary resolved 1,347 complaints, translating to a 93 per cent resolution rate.
He noted that other accountability mechanisms include parliamentary oversight through the Justice and Legal Affairs Committees (JLAC) and the Public Accounts Committee (PAC), as well as public engagement through open days and budget hearings.
Through the “Mahakama Popote” initiative, the Judiciary added that it has deployed judicial officers to support service delivery across different regions.
“Last year, 7,665 cases were assigned to this initiative, and 6,269 were successfully resolved,” Ndemo said.
He also criticised the attacks on the Judiciary saying they undermine the administration of justice.
“While we are not averse to criticism, threats and intimidation will only hamper judicial independence, which is vital for the country. Insults directed at judges and judicial officers undermine the authority of the courts and the administration of justice,” he stated.
Ndemo reaffirmed that the Judiciary remains committed to upholding the rule of law and delivering justice without unnecessary delays.
“Significant progress has been made since the enactment of the Constitution of Kenya 2010, but much more remains to be done,” he said.
Despite the challenges, the Judiciary expressed confidence in the Judiciary’s ongoing reforms, which are anchored in the Social Transformation Through Access to Justice (STAJ) blueprint for 2023-2033.
Ndemo said the goal is to impact lives and transform society through justice.
“We seek to reach the estimated 20 million Kenyans who remain excluded from the formal justice system,” he said.
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