The Court of Appeal will have up to 70 judges should a proposal to amend the law be ratified.
The proposed amendment to the Judicature Act to increase the number of judges in the Court of Appeal is part of the 56 legislations earmarked for changes in the Statute Law (Miscellaneous Amendment) Bill, 2022, currently under public participation in the National Assembly.
The Bill seeks to amend section 7 (1) of the Judicature Act that limits the number of Court of Appeal judges to 30 but not fewer than 12.
The judges at the High Court will however, remain at 150 as provided for in section 7 (2) of the Act.
The proposal to increase the number of judges of the court is part of the reforms that President William Ruto promised to initiate in the Judiciary to ensure efficiency in the delivery of justice, including fast-tracking the backlog of cases.
“When elected President, I intend to empower the Judiciary and the criminal justice system immediately as required by the Constitution,” President Ruto promised during the launch of the Kenya Kwanza campaign manifesto ahead of the August 9, 2022 General Election.
Currently, the Court of Appeal has permanent benches in Nairobi, Mombasa, Nyeri and Kisumu.
The court also has sub-registries in Nakuru, Eldoret, Garissa, Busia, Kisii, Meru, Malindi and Kakamega where appeal matters are filed and judges visit on circuit to dispense justice.
On Thursday, Attorney-General Justin Muturi, who sits in the Judicial Service Commission (JSC) that recruits judges and takes care of the welfare of judicial officers and staff, told Nation that initially, a figure of 50 had been proposed as the limit of the judges at the Court of Appeal.
“The JSC had proposed 50 judges in the appellate court. But I had a chat with the President and advised him that it is better to have the number capped at 70 because you don’t have to keep on amending the law every time,” said Mr Muturi.
Barely seven days after he was sworn-in as the country’s fifth President on September 13, 2022, President Ruto appointed six judges to serve in the Court of Appeal in line with his campaign pledge as captured in the Kenya Kwanza manifesto.
The six judges were among the 41 who had been recommended by the JSC in August 2019 for appointment to various courts but then-President Uhuru Kenyatta, declined to appoint them on claims that they had “serious integrity issues”.
Currently, the Court of Appeal has 29 judges because one of the JSC nominees died before the former President made the selective appointment in June 2021.
Mr Muturi said increasing the number of judges in the court to 70 will be good, not only to the Judiciary that requires more judicial officers, but also Kenyans who have complained of delays in concluding appeals.
“There are so many appeals that have been filed but which take unnecessarily long to be determined,” said Mr Muturi.
