CJ Koome orders courts to fast-track hate speech cases

Chief Justice Martha Koome has directed court heads to fast-track and conclude all pending hate speech cases in the next four months.

This comes as the Judiciary embarks on setting up courts prioritising such crimes in select hotspot areas to deal with matters falling under the National Cohesion and Integration Act. The special courts will be set up in Nairobi, Mombasa, Kisumu, Eldoret and Nakuru, CJ Koome said.

The National Cohesion and Integration Commission (NCIC) has raised concerns about the backlog of such cases, hence the intervention from the Judiciary boss.

Speaking in Eldoret yesterday, CJ Koome also directed that all pending cases from the last General Election be heard and concluded by July 31.

Judges and magistrates are being trained to prepare them for handling election disputes. Some 361 magistrates are targeted in a programme organised in nine regional cohorts running from March 9 to April 20.

“We must be prepared to handle all election-related disputes expeditiously and fairly,” the CJ said. The training will be conducted in collaboration with the Kenya Judiciary Academy.

“This number is enhanced from the allocation during the previous electoral cycles to facilitate disposal of emerging disputes,” said Ms Koome, who is also the president of the Supreme Court.

She made the remarks during the ninth forum of the heads of court stations that brought together more than 140 magistrates and Kadhis in Eldoret.

The Judiciary has identified 119 judicial officers for appointment as special magistrates who will hear and determine matters relating to election offences. They will be gazetted by the CJ.

The Judiciary, said the CJ, is rolling out a raft of reforms such as setting up small claims courts, decentralising resources for pro bono resources and automating services to boost access to justice.

She noted that those seeking to represent children or poor Kenyans in courts on a pro bono basis will now access resources at respective court stations.

“Courts are expected to submit daily court returns by the fifth day of the subsequent month,” the CJ said, noting that of the 128 court stations, 38 had partial or late submission.

“I recently directed that each court station should have a data liaison officer and I want to urge that all heads of stations must comply with this directive,” she stated.

The CJ also revealed that the Judiciary had designated 11 small claims courts and plans to set up 100 such courts by the end of the year to fast-track access to justice.

The CJ regretted the shortage of workers in the Judiciary, blaming it for the backlog of cases.

“I am aware that the workload per magistrate is 1,627 cases, with some handling 4,270 cases. Recently, we recruited 50 additional magistrates,” she stated.  

Some 95,160 cases pending in Magistrate Courts had been filed more than three years ago, she said.

“In the second quarter of the current financial year, pending cases in the Magistrates Courts have increased by four per cent from 512,454 to 532, 369 cases compared to the same period,” she said. 

“I urge judicial officers to prioritise the resolution of these cases.” 

She noted that the average time taken to conclude cases had gone down to 289 days.

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