Supreme Court judges Njoki Ndung'u, Jackton Ojwang, Deputy Chief Justice Philomena Mwilu, Chief Justice David Maraga, Mohamed Ibrahim and Smokin Wanjala at the Supreme Court of Kenya on November 14, 2016. PHOTO | EVANS HABIL
What you need to know:
The Chief Justice promises to root out corruption and improve services to the citizens by the Judiciary.
He says there are plans to close files of cases that have stalled for close to 20 years.
Chief Justice David Maraga has vowed to institute reforms in the judicial system in order to clear thousands of pending court cases.
Speaking during the inauguration of a High Court and installation of a judge in Kabarnet, Baringo County, Justice Maraga said there was a backlog of 490,000 cases pending in Kenyan courts, a situation he said was unacceptable.
He also said that one of the systems to be introduced soon is an e-filing system that would enable litigants to trace the movement of their court files adding that it would curb the current pandemic of missing files and documents.
The Chief Justice promised to root out corruption and improve services to the citizens by the Judiciary, which he said was notorious for the glacial pace of court proceedings.
“We are also prepared during this electioneering year and we promise to handle any cases of petitions which will be brought to us. We want to ensure within one year that there will be no election dispute,” said Mr Maraga.
Close files
He said there is a plan to close files of cases that have stalled for close to 20 years.
He said that it was unacceptable for cases to stall for such a long time noting that if possible it should not last more than three years.
He also warned Kenyans against possible election violence. He said politicians should settle poll-related grievances through the courts instead of inciting supporters to cause chaos.
Justice Maraga warned Kenyans to stop settling defilement cases out of court, noting that some communities prefer to settle cases like rape and defilement in kangaroo courts. Instead, he said, the culprits should be made to face the law.
“There are a lot of provisions touching on the rights of children in the new constitutional dispensation and we warn parents who condone violation of children’s rights that stern action will be taken against them,” said Maraga.
The Supreme Court president also installed the Kabarnet High Court judge Justice Edward Mureithi.
Baringo Governor Benjamin Cheboi who also attended the inauguration also asked the Judiciary to quickly conclude judgements for inmates to ease congestion in prisons.
He said that prisons are overstretched because half of inmates are remandees awaiting judgement.
“The Judiciary should offer other form of custodial sentences to inmates with minor crimes including community services to reduce the congestion,” said Cheboi.
Critical matters
He also urged the Chief Justice to put more staff to handle critical matters especially those relating to environment and land in the North Rift Region.
“More permanent solutions like the establishment of magistrates courts need to be put in place in the far-flung areas which are served by mobile courts in Baringo North, South and Tiaty Sub-Counties as this will go a long way in reducing the cost and distances covered by our people in getting justice,” he added.
He said the North Rift region has endured numerous insecurity incidences occasioned by cattle rustling adding that the courts have a key role to play in deterring the rampant insecurity occurrences by treating cattle theft as robbery with violence and handing convicted perpetrators of the heinous acts swift justice.
“This year being an electioneering period, it presents a litmus test to the judiciary to dispense issues that will arise during and after electoral process,” said Mr Cheboi.
Also in attendance was the Chief Registrar of the Judiciary Ms Anne Amadi, Justice Joseph Sergon, Baringo County Commissioner Peter Okwanyo and other local leaders.
