HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 974089,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/974089/?format=api",
"text_counter": 637,
"type": "speech",
"speaker_name": "Baringo North, JP",
"speaker_title": "Hon. William Cheptumo",
"speaker": {
"id": 50,
"legal_name": "William Cheptumo Kipkiror",
"slug": "william-kipkiror"
},
"content": "Constitution ensures and guarantees that every Kenyan should have access to justice. Justice delayed is justice denied. Therefore, in fulfillment of this constitutional mandate to dispense justice, the Judiciary has put in place an elaborate policy, legal and administrative framework to facilitate access to justice. I want to inform the House about something that will shock us all. In the Financial Year 2016/2017, 344,180 cases were filed, out which, 304,182 cases were concluded. This translates to an overall efficiency of 88 per cent. Just do a comparison of the two years, in 2017/2018, 402,243 cases were filed, out of which 370,488 cases were concluded. The cases filed rose from 344,180 in 2016/2017 to 402,347 in 2017/2018, which is an increase by 15 per cent. In my view, one can argue that it confirms the confidence Kenyans are beginning to have in our courts, given the reforms that have taken place. The total number of pending cases rose by 4 per cent, from 533,350 cases by the end Financial Year 2016/2017, to 553,187 cases, by the end of Financial Year 2017/2018. Again, justice delayed, is justice denied. As we go by, the number of pending cases keep on increasing from time to time. This is something that should worry this House and as leaders, we should be worried that every other year, we have increased number of pending cases. We have a backlog. From the two reports, it is observed that the majority of the pending cases are in the magistrates’ courts at 74 per cent and at the High Court at 18 per cent. It is important to note that most of the pending cases are in the lower courts. About 205,762 pending cases, which represent 55 per cent, are aged one to three years. We are talking about the period of time the cases have been in place, which is one to three years. This is 55 per cent, which is 205,762. About 84,671 cases representing 23 per cent are between three to five years and 82,495 cases representing 22 per cent are over five years. The Judiciary has categorised these cases as follows: One to three years, three to five years and from five years and above. The statistics are very scaring. Because of this, therefore, effective administration of justice requires strategies beyond the court rooms. From the reports, the Committee made some observations. We had a retreat of three days with senior Judiciary staff and we made the following observations in this particular area. There is lack of statutory and policy documents providing for timelines within which cases should be heard by the courts. The inadequate number of judges and magistrates was the major factor contributing to the case backlog in the Judiciary. We do not have a law or a policy that makes it mandatory for the judges and magistrates to conclude a case within a specified period of time. So, a case takes as long as a judge or magistrate would want it to. We have made an observation that there is lack of statutory and policy timelines. We will be making recommendations in that regard. Delayed conclusion of court cases was frustrating to litigants and hampering economic growth as it leads to project stalling, funds being held without use and discouragement to potential local and foreign investors. Another danger, which is coming again, is that when cases remain pending for long, litigants, Kenyans, businessmen and investors locally and abroad cannot enjoy the fruits of their investment. Cases take over five years to be determined in courts. The numbers are really scaring. In this region, Kenya is one of the countries that is doing well in business, but these are the areas that are frustrating that particular achievement. That is why investors leave our country to go to other regions where conclusion of cases is speeded up. Another observation is that while several cases were determined on merit through various measures derived and employed by the Judiciary, several other cases were dismissed for want of prosecution as part of the strategy deployed by the Judiciary. There are also instances where The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}