Chief Justice Martha Koome has raised concerns over the persistent underfunding of the Judiciary, highlighting its detrimental impact on justice delivery in Kenya.
Speaking at the opening of the Kamwangi Law Courts in Gatundu North, Kiambu County, she called for the Judiciary to receive financial support comparable to other critical sectors like health, education, and security.
As the President of the Supreme Court of Kenya, CJ Koome emphasized that access to justice is a fundamental right, and neglecting the Judiciary undermines the country’s constitutional mandate.
She noted that budget constraints severely hinder the recruitment of sufficient judges, magistrates, and support staff, exacerbating the problem of case backlogs.
“We need to treat investment in justice the same way we treat health, education, and security sectors since access to justice is a fundamental right that touches every aspect of our lives,” Koome stated.
“We cannot talk of case backlogs when we face budget constraints. We can only do well if we invest in systems and infrastructure that make justice delivery possible.
”The Judiciary has set an ambitious goal of establishing law courts in all 290 constituencies to enhance access to justice for all Kenyans.
Currently, only 141 courts have been completed, leaving significant gaps in judicial access.
CJ Koome urged Members of Parliament from constituencies without courts to champion the establishment of these facilities, arguing that localized courts reduce travel expenses and time for citizens seeking justice.
In addition to increased funding, Koome encouraged Kenyans to embrace alternative dispute resolution (ADR) mechanisms as a practical approach to resolving conflicts.
ADR, she argued, offers a cost-effective and time-efficient alternative to the formal court process.“Desist from rushing to the courts over matters that could be settled through alternative dispute resolution.
ADR is cheaper and less time-consuming than pursuing justice through the courtrooms,” Koome advised.
ADR has gained prominence in many countries as a viable solution to clogged court systems, and its adoption in Kenya could alleviate some of the pressure on the Judiciary.
The event also attracted key legal stakeholders, including officials from the Law Society of Kenya (LSK). LSK council member Steve Mbugua stressed the importance of judicial independence, cautioning against state interference.
“The Judiciary must assert its authority as the custodian of justice and resist any compromises from the state,” Mbugua stated.
His sentiments align with concerns that inadequate funding might weaken the Judiciary’s autonomy, rendering it susceptible to political influence.
CJ Koome’s remarks underscore the urgent need to address the Judiciary’s funding challenges to ensure timely and equitable justice for all Kenyans.
By investing in infrastructure, personnel, and technology, the government can empower the Judiciary to uphold its constitutional mandate.
Furthermore, promoting ADR mechanisms and safeguarding judicial independence will enhance trust in the justice system, fostering a fair and equitable society.
The call for budgetary parity is not merely about resource allocation; it is about recognizing that justice is as essential to societal well-being as health, education, and security.
