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CJ Koome mulls extending sitting hours to clear Judiciary backlog

 

Chief Justice Martha Koome has said that the judiciary has prioritised clearing backlog of cases, which she said would also need innovation on sitting hours.

Speaking in Mombasa on Monday when she opened the tribunal symposium, Koome encouraged judicial members to innovate and adopt measures to increase their efficiency.

“We ought to see innovation in time, which will include sitting after hours between 5-8pm,” Koome said.

The CJ said that more of the Small Claims Courts will be opened in the country to reduce the distance that the litigants cover to access justice.

Koome added that the Small Claims Courts will also provide expeditious service, finalising cases within 60 days.

“That is ringing a lot of music to many years, that actually their matter can be determined withing 60 days, and once their case is heard, judgement can be delivered in three days.”

She added that no case should stay in a trial beyond three years.

“An Appellate Court, with all things being equal, including that human resource register should not take beyond one year to determine an appeal. That is the imperative goal to have a bottom-up approach to access to justice is delivery of justice with dignity.”

She continued, “When somebody keeps coming to court day in day out, they also suffer frustration and they suffer indignity.”

The CJ said that the need to have such an approach is due to the reality that the Judiciary is operating in an environment where Kenyans and investors expect quality, efficiency and effective delivery of service.

Deputy CJ Justice Philomena Mwilu, then Acting as CJ, launched the first small claims court in April to handle commercial disputes with a monetary value of less than Sh1 million.

Mwilu said the Judiciary would roll out the claims court to other locations across the country but they will need financial support.

According to Mwilu, Small Claims Courts will be key to enhancing access to justice both directly, in terms of the expeditious determination of relevant matters; but also, in terms of reducing the caseload in the Magistrates’ Courts.

More than 50 per cent of the civil matters filed at Milimani Commercial Courts, amongst the busiest courts in the country, fall within the jurisdiction of the Small Claims Courts.   BY THE STAR   

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