NAIROBI, Kenya — For most Kenyans, walking into a courtroom doesn’t feel like the beginning of justice—it feels like the start of an endless wait.
That harsh reality was front and center this week as Members of Parliament grilled the Judicial Service Commission (JSC) during a tense meeting with the Constitutional Implementation Oversight Committee (CIOC).
“How is it that the earliest judgment one can expect takes four or five years?” asked Hon. Geoffrey Mulanya. “Kenyans are losing faith. Quick access to justice isn’t a luxury, it’s a constitutional right.”
And that frustration isn’t limited to Nairobi. Lawmakers across the political divide echoed what they hear from their constituents daily—justice is painfully out of reach.
“Why should someone travel hundreds of kilometers just to be heard?” Hon. Charles Nguna demanded. “We need fully functioning courts in every constituency. Justice must be brought closer to the people.”
Representing the JSC, Lady Justice Fatuma Sichale didn’t sugarcoat the crisis. The numbers speak volumes: a staggering 257,000 cases backlogged and only nine Court of Appeal benches to handle them all.
“That means your average appeal sits for about five years,” she explained. “We’re planning to set up 15 more benches, but let’s be honest—the real hurdle is funding.”
Despite budget constraints, there’s been some progress. Through partnerships with MPs, the JSC has rolled out 14 prototype courts. It’s a start, but nowhere near enough in a country where sub-counties remain underserved.
“We’re embracing partnerships,” said Justice Sichale. “But these courts need staff, equipment, and operational funds. Our budget? Less than one percent of the national pie.”
The conversation quickly shifted from infrastructure to integrity. Hon. Caroli Omondi voiced a sentiment many Kenyans share—that the judicial system often feels compromised.
“Intentional delays, mysterious case transfers, and lack of transparency—these patterns breed mistrust,” Omondi said. “We need performance stats, case tracking policies, and real accountability. This is about rebuilding public trust.”
Hon. Mulanya took it a step further, highlighting logistical inefficiencies that border on absurd.
“Why file a case in Kisumu when the complainant lives in Nairobi?” he asked. “Succession matters are clogged. Justice feels deliberately difficult to access.”
The Chief Registrar echoed the limitations the judiciary faces, even at the leadership level.
“The JSC can only recommend a judge’s removal. We can’t discipline for minor infractions,” she said. “Even our legislative proposals gather dust. And there’s friction—appointments are held up due to executive-judicial tensions.”
Yet amid the courtroom chaos and policy paralysis, one thing was clear: reform isn’t optional. It’s urgent. Because justice that arrives years late isn’t justice at all.
