Expanding access to justice through reforms

The State of the Judiciary and the Administration of Justice (SOJAR) Report for the Year 2023/24, offers a comprehensive account of the institution’s performance, reforms and challenges over the past year.

As a constitutional and statutory accountability instrument, the report reaffirms the Judiciary’s unwavering commitment to transparency, integrity, and accountability in the administration of justice. This year’s report places strong emphasis on efforts to strengthen public trust, an essential foundation for effective functioning of any justice system, while highlighting the strides made to enhance efficiency, expand access, and embed ethical conduct within the institution.  

A central theme is the Judiciary’s intensified war against corruption. It is important to emphasise that combating corruption requires a whole-of-society approach. This vice has permeated deeply into our culture, value systems, and governance structures. The government and Kenyans must work together to transform values and behaviours across all levels of society. Within the Judiciary, the Zero Tolerance Policy on Corruption has taken firm root. Court Integrity Committees are now operational across all court stations, and the Anti-Corruption Guiding Framework, a sector-wide initiative under the National Council on the Administration of Justice (NCAJ), has been rolled out. The NCAJ also launched Guidelines for the Expeditious Trial of Corruption Cases, aimed at ensuring consistency, fairness, and efficiency in handling matters related to corruption.

Internal accountability mechanisms were also strengthened over the year. The Judicial Service Commission processed disciplinary cases involving judges, judicial officers, and staff, ensuring that instances of misconduct were addressed firmly and transparently. The establishment of the Employee Protection Unit and the Employee Protection and Inclusivity Committee created safe and confidential channels for reporting workplace sexual harassment and related misconduct, signalling a deliberate institutional shift towards protecting the dignity and safety of all Judiciary staff. 

The Judiciary resolved 647,686 cases against 621,425 new filings - achieving a historic Case Clearance Rate of 104 per cent. Case backlog reduced by 30 per cent, with Magistrates’ Courts and the High Court registering some of the most notable improvements. While criminal filings saw an 8 per cent decline, civil filings rose by 58 per cent, largely because of the rapid expansion of Small Claims Courts, which continue to emerge as vital venues for expeditious and affordable justice.

The Judiciary also made major progress in expanding its physical presence across the country. A new Court of Appeal sub-registry was operationalised, bringing more appellate services closer to citizens, while five new High Court sub-registries were launched in counties without High Court stations. The High Court now has a presence in all 47 counties, supported by 47 stations and seven sub-registries.

The Environment and Land Court expanded with the establishment of an Appeal Division in Nairobi and two new sub-registries. At the subordinate court level, six new Magistrates’ Courts were opened, increasing the total to 143, while three new Small Claims Courts were established, bringing their total number to 40. Additionally, tribunals continued to integrate into the Judiciary, with the Retirement Benefits Appeals Tribunal joining the Judiciary as one of the 27 tribunals now under judicial administration.

Technological and administrative innovations also gained momentum. The Mahakama Popote initiative enabled digital redistribution of cases from high-volume courts to stations with lighter workloads. Through this solution, 19,089 cases were redistributed, and 14,240 resolved. The Judiciary continued to promote Alternative Justice Systems (AJS) and Court-Annexed Mediation (CAM) as faster and less adversarial pathways to justice. Fourteen new CAM registries were established during the year, and AJS County Action Plans were launched in six more counties, expanding the AJS footprint to ten counties nationwide. These approaches are central to the Judiciary’s people-centred justice vision, offering communities dignified and culturally grounded mechanisms for resolving disputes. 

The writer is the Chief Justice and President of the Supreme Court