Capacity needs for players in the administration of Justice

Judy OmangeRegistrar, High Court

Outline of the presentation

• Background and Context

• The Judiciary today- gains and challenges

• Capacity needs of players in the

administration of commercial justice

Background

• Kenya ranks at position 136 out of 189 in Countries with ease of doing business

• Factors taken into account in the ranking include, starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency

• The Judiciary plays a critical role across all

indicators

• The last two indicators of resolving insolvency

and enforcement of contracts are directly the

responsibility of the Judiciary

• In these two crucial categories, the Judiciary

scores at 137and 136 respectively

• Issues under consideration include;

• Filing and Service

• Trial and Judgment

• Enforcement of Judgment

• It is therefore evident that the handling of commercial disputes and other disputes with an economic bearing plays a critical role in the growth of the economy

• Where are we as a country?

• Kenya Vision 2030 seeks to create a globally

competitive and prosperous nation with a high

quality of life by 2030

• This will be achieved through the political,

social and economic pillars

• In respect to the rule of law the goal is to enact and implement the policy, legal and institutional framework vital for promoting and sustaining fair, affordable and equitable access to justice

• Barriers to accessing justice are distance, technical procedures, capacity of Judicial Officers and staff, registries, vulnerable groups

The Judiciary today

• The enactment of the Kenya Constitution set

the foundation for much needed Judicial

reform

• The Judiciary Transformation Framework

provides the blueprint for Judicial reform

• Four pillars of transformation

HARNESSING TECHNOLOGY

AS AN ENABLER FOR

JUSTICE

Pillar 4

1 KEY RESULT AREAKRA 10 – Harnessing Technology as an Enabler for Justice

ADEQUATE FINANCIAL

RESOURCES AND PHYSICAL

INFRASTRUCTURE

Pillar 3

2 KEY RESULT AREASKRA 8 - Physical InfrastructureKRA 9 - Resources and Value for Money

TRANSFORMATIVE LEADERSHIP,

ORGANISATIONAL CULTURE, AND

PROFESSIONAL AND MOTIVATED STAFF

Pillar 2

4 KEY RESULT AREASKRA 4 - Philosophy and CultureKRA 5 - Leadership and ManagementKRA 6 - Organisational StructureKRA 7 – Growth of Jurisprudence and Judicial Practice

PEOPLE-FOCUSED

DELIVERY OF JUSTICE

Pillar 1

3 KEY RESULT AREASKRA 1 - Access to and Expeditious Delivery of JusticeKRA 2 - People-Centredness & Public EngagementKRA 3 - Stakeholder Engagement

Gains so far

• Increase in number of judicial officers across all

courts. Judges of High Court have increased

from 42 Judges to 92.

• Expansion of courts to increase access. Number

of High Courts up to 22 from 16 and increase in

number of Magistrates courts to 117

• Specialized courts with status of High Court namely

Industrial Court and Environment and Land Court have

been set up

• A representative Judicial Service Commission has been

set up

• Courts have not shied away from making landmark

decisions

Challenges

• The courts continue to grapple with an

increasing backlog

• Last year the High Court cleared 26,502 cases

which means each of the then sitting 80

Judges each cleared 331 cases the whole year

• Considering that 54,602 new cases entered

the system, the case clearance rate was 50 %

• For the pending cases to be finalized the case

clearance rate must be over 100%

• As at end of July last year pending cases were

135,450 in High court alone

• Service weeks have been used with some

success.

• However they were more successful in Criminal

than in Civil cases

• Important lessons for the bar- bench

• What do the figures mean for the economy

What do the figures mean?

• Billions of shillings denied to the economy

• The value of claims filed in the Commercial

Division for one year, 2013 alone is Kshs 46,

232, 610, 491

What is being done

• Classification of cases

• Development of practice directions

• Adoption of ICT

• Streamlining registry procedures

• Streamlining the execution process

• Exploring use of court annexed mediation

Players in Commercial Justice

Lawyers

Parliament and policy

makers

The Judici

ary

Mediators

Capacity needs

• The work of Judges and magistrates need to be

made more efficient by use of technology to digitize

proceedings. The bar also need to embrace

technology

• Support systems need to be streamlined to ensure

smooth case flow from the registry to the court and

to the Judge

• Modern infrastructure needs to be developed to ensure that the courts reach every corner of the country

• The infrastructure should be able to create a working environment where disputes can be resolved with ease

• Ultimately the Judicial officer is responsible for

control of the trial process

• Judicial officers require training in policies,

processes and techniques through which their

diaries and cases can be managed better

• The Judicial officers should be supported by well trained staff in court operations and well empowered to discharge their duties

• Judicial officers and lawyers handling

commercial matters require specialized training

on the complex evidence involving financial,

economic, scientific and technological data

• All stakeholders require training on Court annexed mediation which should be embraced as a possible solution to expedite delivery of justice

• Parliament and policy makers need sensitization on the critical role played by the Judiciary and the necessity therefore for adequate resources to be given to the court

• The business community and members of the

public need sensitization on ADR

• There needs to be sustained engagement

between the Judiciary and private sector to

ensure that the Judiciary responds to the

demands of a growing economy

• Ultimately all Court Users Committees ought to be sensitized on the importance of securing economic justice

• Ultimately, the business community will remain a key stakeholder as their confidence in the Judiciary to determine commercial disputes in a fair and expeditious manner will contribute to the overall rating of the country as a business hub.

• ‘Justice is what we discover when we walk together, listen together and even love one another in our curiousity about what justice is and where justice comes from.. ‘ Socrates

• Thank you for your attention.