The Judicial Service Commission will recruit at least 40 more Court of Appeal judges if President William Ruto signs into law the Statute Law (Miscellaneous Amendment) Bill passed by the National Assembly on Wednesday.
The move by the MPs saw Section 7 (1) of the Judicature Act, which had limited the number of Court of Appeal judges to 30 but not less than 12, amended to increase the limit to 70 judges as MPs passed the Statute Law (Miscellaneous Amendment) Bill 2023, which made changes to 56 pieces of legislation.
However, the number of High Court judges will remain at 150 as stipulated in Section 7 (2) of the Judicature Act.
Kibwezi West MP Mwengi Mutuse, the vice chairperson of the Justice and Legal Affairs Committee (JLAC), while pushing for the amendment in the National Assembly on Wednesday, said increasing the number of appellate judges to 70 was important.
"This amendment is critical as it will help reduce the backlog of cases in the court. I urge members to support it," Mutuse said.
In its report to Parliament on the Bill, the JLAC had initially proposed a cap of 45 judges for the Court of Appeal.
But on Wednesday, Mr Mutuse announced the withdrawal of the amendment to ensure that the court is adequately staffed with judges.
Kikuyu MP Kimani Ichung'wah, the House Majority Leader, supported the need to increase the number of judges at the court before it was approved by members.
“The appointment of the additional judges to the Court of Appeal shall be done incrementally,” said Mr Ichung’wah.
The proposal to increase the number of judges at the court was part of the reforms President William Ruto had promised to introduce in the judiciary to ensure efficiency in the delivery of justice, including speeding up the disposal of the backlog of cases.
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 appeals are lodged and judges travel around the county to dispense justice.
Attorney-General Justin Muturi, who sits on the Judicial Service Commission (JSC), which recruits judges and looks after the welfare of judicial officers and staff, told the Nation that a figure of 50 had initially been proposed as the maximum number of judges at the Court of Appeal.
“The JSC had proposed a maximum of 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 other time to increase the judges,” said Mr Muturi.
Barely seven days after he was sworn in as the country’s fifth president on September 13, 2022, President William Ruto appointed six judges to serve in the Court of Appeal in line with his campaign promise as captured in the Kenya Kwanza manifesto.
The six judges were among 41 recommended by the JSC for appointment to various courts in August 2019, but then President Uhuru Kenyatta rejected them, claiming they had "serious integrity issues" that were never disclosed.
Currently, the Court of Appeal has 29 judges because one of the JSC nominees died before the former president made the selective appointments in June 2021.
Mr Muturi said increasing the number of judges in the court to 70 would be good news not only for the judiciary, which needs more judicial officers but also for 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 due to few judges in the court. In the process, interested parties have ended up dying before their cases are concluded, hence affecting the delivery of justice. This has to change,” said Mr Muturi.
Kenya's Court of Appeal is established under Article 164 of the Constitution, which stipulates that the number of its judges shall not be less than 12, with the Judicature Act limiting the number to 30.
The Court hears appeals from decisions of the High Court, the Labour and Industrial Relations Court, the Environment and Land Court, and any other court or tribunal provided for by law.
In December 2012, Justice Daniel Musinga was appointed Judge of the Court of Appeal and in May 2021, he was elected President of the Court of Appeal from among the judges of the Court of Appeal for a non-renewable term of five years, as provided for in Article 164(2) of the Constitution.
On administrative matters, the President works with the Chief Registrar of the Judiciary, and the Registrar of the Court of Appeal is responsible for the day-to-day administration of the Court.
