Mutunga accelerates the wheels of justice

Chief Justice Willy Mutunga (right) and Chief Registrar of the Judiciary Anne Amadi sign documents during the launch of the performance management and measurement system. [Photo: George Njunge/Standard]

They say that the wheels of justice turn slowly, but grind exceedingly fine.

This is true. In fact, in Kenya the wheels sometimes turn extremely slowly, and finally when justice comes some complain that it isn't well refined.

Notably, the oldest case in our corridors of justice has lasted for almost five decades. Civil case 25 of 1968, in which King'ori Gachoro had sued his business partner Wanjiru Kamau, was filed five years after independence and, (un)surprisingly, has never been settled to date.

But things are about to change for the better, if a new plan by Chief Justice Willy Mutunga is executed as envisaged. The sluggish wheela of justice will turn very fast.

In the new arrangement, judicial officers - and they signed their performance contracts to this effect - will be expected to complete cases in one year or less.

The new performance and management system will see a judge, magistrate or kadhi filing a daily return sheet on the number of cases he has handled and their status. The performance of the officer will be measured on the cases he or she has resolved on time.

Certified urgent applications will be heard within 90 days from the date of filing and all other applications will be determined at double the time of the urgent ones.

"Case files will be retrieved within five minutes and a decision will be arrived at within 12 months. Data is the new king for promotions, rewards and sanctions,'' Mutunga said during the signing of the agreement.

He cautioned judges who adjourn cases many times or get late to work, telling them that the agreement would determine their future on the bench.

Habitual late comers, according to the agreement will work for extra hours and might end up on a list of shame. A judicial officer could also be retired due to poor performance or be denied promotion.

Hearing of both civil and criminal matters will be heard within 360 days whereas election cases will be heard within a span of 180 days.

Judgments will follow the hearing within 60 days.