The Judiciary has said that it seeks to devolve Small Claims Courts to additional parts of Nairobi and other regions from October.
According to Chief Justice Martha Koome, the courts will simplify procedures, facilitate timely proceedings and harness fairness at reasonable fees.
The courts will be built in collaboration with the Nairobi Metropolitan Services which has pledged to build five additional Small Claims Courts in Kasarani, Makadara, Dagoretti, Mathare and Embakasi within three months.
“It is my hope that the new courts within Nairobi will be key in bringing justice to more Kenyans and further reduce the backlog at the chief magistrates’ commercial court and the criminal courts,” Koome stated.
CJ Koome spoke as she swore in two new adjudicators Keyne Odiambo Gweno and Martin Njeru Mutua to join Milimani small claims court.
Koome said she now hopes to see improved access to justice and expeditious disposal of cases.
“Your appointment brings hope to Kenyans seeking justice through your courts,” she told the judges.
“Approximately 60 per cent of cases adjudicated in our courts are land matters or have a land related dimension. The implication is that the Environment and Land Court either in its original or appellate jurisdiction deals with the bulk of cases in our courts.”
She said that ELC has 13,500 pending cases with Nairobi leading with 9,500.
Lands court has nine fully-fledged registries in Nairobi, Kisumu, Kericho, Nyeri, Mombasa, Eldoret, Nakuru, Bungoma and Malindi.
In an illustration of how land is critical to Kenyans, she said at least 60 per cent of cases filed in courts are land-related.
Koome said she expects judges to settle cases within three years and appeals should take one year.
“Every Judge must take individual initiative to reduce backlog and ensure that we hear and determine cases in a timely manner. You must reduce the number of adjournments and strive to resolve cases with fewer hearings. Always endeavour to make each case hearing date meaningful. You must discourage interlocutory applications and preliminary objections,” she said.
She urged the judges to embrace active case management to deal with the backlog and the expected increased case filings, further stressing that case management should be court-driven and not left to litigants and advocates.
CJ Koome also sought to assure the judges that her administration will give them adequate support to discharge their duties.
“Our Constitution is unique in its preoccupation with values, principles, rules, and policies touching on the environment and land, and fair labour practices. We must ensure that these values and principles radiate to every nook and cranny of our legal system,” she said.
The ELC now has 51 judges following the latest appointments.
27 recently appointed judges of the ELC as well as the Employment and Labour Relations Court (ELRC) are to report to work on August 1, 2021.
Eight of the judges will sit full-time in newly established ELC stations in Nyamira, Kilgoris, Siaya, Vihiga, Kwale, Isiolo, Homo Bay and Nanyuki.
The new stations bring the total number of ELCs in the country to 34 at the county level.
