MPs have launched an inquiry into steps taken by the Judiciary to address the backlog of 521,823 cases.
The Judiciary and the Administration of Justice Annual Report (SOJAR) for the 2021-22 Financial Year cited 521,823 cases as pending in various magistrate courts as of June 30, 2022.
Matuga MP Kassim Tandaza said the Judicial Service Commission (JSC) should also provide a status report regarding the construction of new court infrastructure in every subcounty to enhance timely access to justice and speed up the conclusion of cases pending in various magistrates’ courts countrywide.
“Provide a status report on when the stalled court building in Kwale, Matuga Constituency, will be completed and state the amount of money allocated to the project,” he said.
Deputy Speaker Gladys Boss directed the Departmental Committee on Justice and Legal Affairs to conduct the inquiry.
In June, Chief Justice Martha Koome warned judges against delaying cases.
She regretted that despite the judges being facilitated to determine their cases in a reasonable time, there were still delays.
"And the delay is in two categories; delay in delivery of judgements where in some cases the delay is for a period exceeding three years. Stature prescribes the period/time to be taken to prepare decisions. I see no reason why judges are not complying with those timelines,” the CJ said.
She said the second delay was in pronouncing decisions.
"The reality is there are litigants in our corridors searching for decisions delivered months earlier," she said.
She said as leaders in courts they have a role to play and ensure good management of cases to avoid building up huge backlogs of pending determinations.
Justice Koome directed High Courts to change how they handle cases both at the registry and during proceedings.
In November 2022, the Judiciary announced that by June 2023, the construction of eight courts at Sh2.7 billion would be complete.
The projects stalled owing to budget cuts that were seen as a deliberate attempt to undermine the Judiciary under former Chief Justice David Maraga.
President William Ruto has pledged his support to the Judiciary.
The President has said he would enhance the annual allocation for the Judiciary for the next five years.