Nairobi – Kenyan lawmakers are calling for urgent reforms in the judiciary as the country’s court system struggles under a crushing backlog and limited access to justice.
During a tense meeting between the Judicial Service Commission (JSC) and the Constitutional Implementation Oversight Committee (CIOC), Members of Parliament pressed for answers over the slow pace of rulings and the uneven distribution of courts across the country.
“How is it that the earliest judgment one can expect takes four or five years?” asked Hon. Geoffrey Mulanya. “Kenyans are losing faith. Quick access to justice isn’t a luxury, it’s a constitutional right.”
The Judiciary is currently grappling with 257,000 pending cases, according to Lady Justice Fatuma Sichale, who represented the JSC at the session. She explained that only nine benches of the Court of Appeal are handling cases nationwide, resulting in an average delay of five years before appeals are concluded.
“We’re working to set up 15 more benches,” said Justice Sichale. “But the elephant in the room is funding.” The conversation also focused on the severe lack of local courts in many parts of the country. Hon. Charles Nguna questioned why citizens must travel hundreds of kilometers to be heard.“Every constituency deserves a functioning court,” Hon. Charles Nguna said. “Justice must be brought closer to the people.”
So far, 14 prototype courts have been constructed through constituency-level collaboration, but officials say more are needed. Justice Sichale stressed that building the courts is only part of the solution. The real challenge lies in equipping them.
“These courts need trained personnel, equipment, and proper infrastructure. The Judiciary receives less than one percent of the national budget. That is simply not enough,” she said.
MPs also raised concern over perceived manipulation of the system, including strategic case transfers, unclear processes, and delays that appear deliberate.
“Intentional delays and lack of transparency fuel public distrust,” said Hon. Caroli Omondi. “We need clear case management rules and performance statistics for the judiciary. This is about protecting the integrity of our justice system.”
Hon. Mulanya echoed the concern, citing inconsistencies in case filing.
“Why should a succession case involving someone in Nairobi be filed in Kisumu?” he questioned. “This is creating unnecessary burdens. We need a nationwide case location policy.”
The Chief Registrar of the Judiciary also addressed the committee, highlighting limits on the JSC’s authority.
“We can only recommend a judge’s removal. We have no mandate to discipline or issue warnings for minor violations,” she explained. “We’ve proposed legislation to address this, but it’s still pending. There’s friction between government branches that slows down reforms.”
Despite these challenges, both lawmakers and the JSC acknowledged the urgency of restoring public trust in Kenya’s legal system. The session closed with a shared commitment to overhaul the judiciary and ensure justice is timely, fair, and accessible to all.
“Justice that takes years is justice denied,” said Hon. Caroli. “Let’s fix the system not patch it.”
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