Koome tasks new Appeal Court president with clearing 9,954-case backlog

Chief Justice Martha Koome during the installation of Justice Gatembu Kairu as President of the Court of Appeal on July 16, 2026. [Judiciary]

Chief Justice Martha Koome has challenged the new President of the Court of Appeal, Justice Gatembu Kairu, to clear a backlog of 9,954 appeals and push the court to resolve more cases than it receives each year.

Speaking during Kairu's installation in Nairobi on Thursday, July 16, Koome said the court's expanded bench of 41 judges gives it the capacity to deliver decisions faster and restore public confidence in the justice system.

"Every pending appeal represents litigants awaiting certainty and justice. Your leadership will be measured not only by the quality of the Court's jurisprudence but equally by its institutional performance," said Koome.

The Chief Justice said the Court of Appeal ended the last financial year with 16,436 pending appeals, with 61 per cent classified as backlog.

"Reducing this backlog must therefore remain an institutional priority," noted Koome.

She said the court achieved a Case Clearance Rate of 74 per cent during the last financial year despite a rise in new filings.

The number of appeals filed each year almost doubled from 2,834 in 2021 to 5,431, while resolved appeals rose from 1,220 to 4,038 over the same period.

Koome observed that the appointment of 15 additional judges earlier this year increased the court's bench from 13 judges in 2021 to 41, the largest in its history.

She challenged the court to exceed a 100 per cent Case Clearance Rate and cited the performance of regional stations as proof the target is achievable.

"During the last financial year, the Mombasa station attained a Case Clearance Rate of 142 per cent, while Kisumu and Malindi each achieved 103 per cent," explained Koome.

She added that the Judiciary's Social Transformation through Access to Justice (STAJ) Blueprint aims to have appeals heard and determined within one year of filing.

Koome also urged the court to increase the use of technology including virtual hearings, electronic filing and paperless operations to speed up case processing.

She called for wider use of mediation and Alternative Justice Systems (AJS) to improve access to justice and reduce delays.

The Chief Justice praised outgoing Court of Appeal President Justice Daniel Musinga for expanding the court's reach and improving performance during his five-year tenure.

"Your steady and collaborative leadership strengthened the Court's jurisprudence, expanded its reach, improved institutional performance and enhanced service delivery," added Koome.

Court of Appeal President Justice Gatembu Kairu. [Judiciary]

Kairu pledged to tackle pending applications immediately to allow judges to focus on appeals.

"As a short-term measure, with a long-term strategy, we shall attack those applications with an objective of becoming real time and ensuring that we thereafter devote the Court's time to hearing and determining appeals," explained Kairu.

He disclosed that Nairobi alone has 4,787 pending civil appeals and that judges in the capital are currently handling cases filed in 2020.

The new court president also pledged to work with stakeholders to improve efficiency and accountability.

"Let us work together to build a Court that is independent in its judgment, united in purpose, efficient in its processes, consistent in its jurisprudence and unwavering in its service and accountability to the people of Kenya. I will lead from the front with integrity," pledged Kairu.