Use new judges well to cut case backlog
Chief Justice Martha Koome who also serves as the chairperson of the JSC.
The Judiciary is the only arm of government that conducts recruitment of its senior cadres in a transparent and competitive manner, if the recent recruitment of judges is anything to go by.
The level of transparency and merit-based competitive recruitments undertaken recently is comparable to none. This goes a long way in building confidence and trust in the administration of justice in Kenya.
Inasmuch as the recruitments should be competitive, it would be foolhardy not to prioritise serving judicial officers, who need to be motivated by being promoted when opportunities arise.
The court of public opinion had its own reservations on why some exceptional performers in the interview were not hired. What they forgot, however, is that the Judicial Service Commission (JSC) must strictly adhere to the constitutional provisions of inclusivity, and regional and ethnic diversity in public appointments.
Nonetheless, the appointment of the 52 judges was the easier part, the hard one is their optimum use to meet the expectation of the public. The ambitious expansion of the courts is something that the JSC may have to re-look, keenly.
For example, the Court of Appeal has established two outstations in Kakamega and Eldoret, yet the much-talked about backlog is principally in Nairobi, which is still struggling to clear 2020 appeals. Spreading resources thin will not realise the envisaged changes. Were the additional appellate judges to be utilised optimally, then we should, this year, see clearance of backlog up to 2023 with a full clearance target by end of 2027.
This may, however, be an uphill task, considering the opening of new Court of Appeal stations even when the backlog in the existing Nakuru and Kisumu (which covered Eldoret and Kakamega) was not a big issue as it is in Nairobi.
If the additional judges are not utilised optimally, the adage “The more things change, the more they remain the same” will prove true.
Follow our WhatsApp channel for breaking news updates and more stories like this.
Mr Sumba is an advocate of the High Court of Kenya. [email protected].
