Policy Brief - The Case Backlog Problem in Kenya’s Judiciary and the Solutions

Chart 5: Case Backlog by Court as of June 30, 2019 Source: State of Judiciary Annual Report 2018/19 Of the 41 judges, 11 persons were recommended for appointment to the office of judge of Court of Appeal, 20 persons for appointment to the office of Judge of Environment and Land Court and 10 persons for appointment to the office of Judge of the Employment and Labour Relations Court as required unde. [...] The Opportunity Cost of Presidential Judges Appointment Delays The result of the simulation in Table 2 shows that by the President’s delay in appointing the 41 Judges recommended by the Judicial Service Commission, the capability of the three courts was reduced by 71% because the 41 judges would have resolved 9051 more cases. [...] Hire more Judicial Officers and Expand Courts Access The data compiled from the “State of Judiciary and the Administration of Justice 2019/20 report shows that the bulk of cases filed annually are at the Magistrate and the High court. [...] In considering the report on the State of Judiciary and the Administration of Justice for the year 2017/18, the parliamentary committee on Justice and Legal Affairs observed that of the ap-proved establishment of 1200 magistrates, there were only 500, leaving a shortfall of 700. [...] “Report on the Consideration of the 2017/2018 Report on the Judiciary on the State of Judiciary and the Administration of Justice.” National Assembly, May 2019.