A story carried by this publication on Monday indicating that more than 520,000 cases have been pending before courts over the past three years is the clearest pointer to how justice has become elusive to Kenyans.

Families which lost loved ones in criminal circumstances are yet to find closure after trips to court corridors for decades. Businesses are in ruins and opportunities have been lost due to delays by courts to arbitrate disputes.

According to the story, between November 2022 and November 2023, the courts had an increase of 200,000 pending cases.

Among the reasons given for the delay in hearing and dispensation of cases include deliberate delaying tactics by lawyers for various reasons, unwillingness of some witnesses to testify and difficulties in translation of witness testimonies into English, the official court language.

Although the Judiciary has been running an ambitious project to clear the backlog of cases, the situation on the ground depicts a sorry story. We are dealing with a situation where desperate people have been making endless journeys to the corridors of justice in the hope of having their matters heard and determined.

As a result of the delays, hundreds of Kenyans have died, thousands given up while others have dropped the quest for justice because of weariness, disillusionment and financial constraints.

As the old adage goes, justice delayed is justice denied. The maxim is the bedrock of any robust legal system. Prolonged litigation not only erodes public faith in the Judiciary but also obstructs efficient functioning of courts.

Since 2011 when it was established, the National Council on the Administration of Justice (NCAJ) has been working on strategies to deal with the matter. But their efforts have not made much difference.
It is imperative that NCAJ comes up with realistic strategies and actions required to ensure justice is not merely a distant ideal but a reality for all Kenyans.

Last year, Chief Justice Martha Koome proposed the adoption of the Case Flow Management system and well-structured rules for ensuring the timely delivery of justice. But this has remained a mere proposal gathering dust on the shelves in government offices. Courts must assert themselves to control the pace of litigation.