How to help courts to beat challenges
Kilifi County has 2,024 claims out of the 3,743 currently under review by National Lands Commission.
The Kenyan court system faces a variety of challenges that impact the delivery of justice. They include a backlog of cases, inadequate funding, corruption and insufficient training and capacity-building for judges and court personnel. Addressing them requires a multi-faceted approach that involves short- and long-term solutions.
One of the biggest challenges the courts face is the backlog of cases. The government can hire more judges and support staff to help to expedite the resolution of cases. The Judiciary can also adopt alternative dispute resolution mechanisms to help to reduce the number of cases going through the court system.
Another big challenge is inadequate funding, which leads to poor infrastructure, shortage of judges and lack of resources to train personnel. The government needs to allocate more resources to the courts to improve infrastructure and hire more judges and support staff. International donor organisations and non-governmental organisations (NGOs) can also provide support.
Corruption is another significant challenge. Addressing this requires a comprehensive anti-corruption strategy that includes effective oversight mechanisms, education and awareness campaigns and legal reform. Judges and court personnel should be vetted and held accountable for corrupt behaviour.
Capacity building is vital. To improve the quality of justice delivery, courts can invest in capacity building for judges and support staff through training, mentorship and exchange programmes with other countries’ court systems.
Technology can also help to address challenges such as case backlog and inefficient processes. The courts can adopt digital case management systems, video conferencing for remote court appearances and online filing to streamline court processes and improve access to justice.
However, it will require sustained efforts by the government, civil society and international organisations over the long term to create a more efficient, effective and transparent court system that delivers justice for all Kenyans.
- Mr Too is a law student at the University of Nairobi. ©Kipyator2023
