The case backlog problem in Kenya's judiciary and the solutions

Leo Kipkogei Kemboi
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Post Date: 04 May 2021


In probing the issue of case backlogs, the Justice and Legal Affairs Committee of the National Assembly noted that inadequate judicial officers and lack of adequate resources are a major impediment to case resolution (National Assembly, 2019). To show the comparison between Kenya and another country of similar characteristics, the Justice and Legal Affairs Committee compared Kenya to Germany with a population of 80 million but had 20,000 judges, leading to a ratio of one judge for every 4,000 citizens. Although most arguments made on resourcing are based on benchmarks such as 2.5% of the national spending, the cardinal economics rule is resourcing courts to meet the desired efficiency outcome that the public, parliament and other actors wish to achieve.

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