Disappearing files still Judiciary’s major headache

Court of Appeal Judges during proceedings at the Supreme court building. PHOTO | FILE | NMG

What you need to know:

  • Reported cases of missing files nearly doubled to 281 as at June 2016 from 149 complaints received the previous year, says a newly gazetted report.
  • Chief Justice David Maraga says missing files still make up 35 per cent of total complaints received followed by slow service (30 per cent).

The courts have reported an increase in mysterious disappearance of files raising queries over the effectiveness of reforms implemented in the last 15 years to boost transparency.

Reported cases of missing files nearly doubled to 281 as at June 2016 from 149 complaints received the previous year, says a newly gazetted report.

The Judiciary has been receiving increased budgetary allocation from 2003 to undertake reforms that include automating records and processes.

Chief Justice David Maraga says missing files still make up 35 per cent of total complaints received followed by slow service (30 per cent), delayed rulings and judgements (12 per cent). He said this threatens to erode confidence in the Judiciary.

“Missing files and slow services were the highest number of complaints received during the reporting period,” says Justice Maraga in the State of the Judiciary and Administration of Justice Report for 2016.

“This information provides a reality check to the Judiciary to relook into their service level agreements and ensure they are adhered to at all levels in the institution,” reads the report published on July 10, 2017.

Other complaints relate to corruption, date allocation, and cash bail refunds. The total number of complaints received surged by a quarter to 3,586 cases from 2,888 in 2015.

This comes despite the setting up of a nine-member taskforce in 2014 to eliminate the headache of missing files in the judicial system.

Some unscrupulous judicial officers are alleged to be working with corrupt persons and lawyers to destroy manual court files involving them or their clients.

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