Listen to This Article Enhance your reading experience by listening to this article.

Mombasa-based civil society groups and court users have criticised a decision to suspend the hiring of 11 Court of Appeal judges, warning the move would disrupt services in the corridors of justice.

The Judicial Service Commission’s (JSC) halted the  process shortly after President William Ruto announced that he had withdrawn the contentious 2024 Finance Bill.

Chief Justice Martha Koome explained that the suspension was one of the measures taken to implement the National Treasury’s directive to reduce expenditure by at least 15 per cent in the appropriated budget.

“Expenditures are now limited to essential needs. We are compelled to make major adjustments to planned programmes and activities,” said Koome, who chairs the JSC. 

The decisions included suspending the recruitment of 11 appellate judges, she said.

However, court users have urged Koome to stand firm and proceed with the hiring so as to ensure better court services.

Case backlog

The collapse of the finance bill should not be used as an excuse to stifle justice, said Muslims for Human Rights (Muhuri) rapid response officer Francis Auma.

“We all understand how the shortage of judges in the country has caused a backlog of cases, severely affecting the administration of justice. The failure to recruit judges will only worsen this crisis,” Auma said.

He criticised the government’s extravagant expenditure on luxurious benchmarking tours, opulent displays, and unnecessary prayer breakfast meetings, arguing that these indicate Kenya is far from bankrupt.

“As court users and taxpayers, we demand immediate recruitment of judges. Without the Judiciary, the country will face dire consequences,” Auma emphasised.

Corruption temptation

He warned that the shortage of judges would exacerbate the backlog of cases, increasing the temptation for corruption as people seek to “bribe their way to justice” thus leading to injustice for the less fortunate. This situation, he noted, could lead to insecurity and instability.

“The government’s resources belong to citizens, not to Justice Koome, President Ruto, or legislators. As taxpayers, we deserve the services we pay for,” Auma insisted.

Samuel Bagine, a village elder from Kwa Hola in Port Reitz, Changamwe sub-county, echoed these concerns. He noted that people from his community are already struggling with a backlog of cases, especially related to gender-based violence, which can only be resolved in courts.

He expressed fears that austerity measures could worsen the situation and spark a security crisis.

“Currently, we are overwhelmed with cases. The JSC’s announcement will only make things worse,” Bagine lamented.

Koome revealed that the Court of Appeal has 29 judges across three stations nationwide, with 13,331 pending cases as of May. Efforts to increase the number of judges from 30 to 70 by amending the Judicature Act are underway.

She added that resources had to be diverted to secure the Makadara Law Courts following the shooting death of magistrate Monica Kivuti. She promised to engage the Executive and Legislature to enhance and secure the Judiciary and JSC budget.