Chief Justice Martha Koome has called upon the National Government, Nairobi County Government, and development partners to cooperate and collaborate with the Judiciary towards addressing barriers that undermine access to justice in the Nairobi Metropolitan Area.
Speaking during the launch of a Magistrates Court at Dagoretti in Nairobi County, the Chief Justice said despite great efforts to enhance access to justice within Nairobi, access to judicial services still faces serious challenges because of the high population, socio-economic disparities, rapid development, inadequate number of courts, and other structural and systemic barriers.
The Dagoretti Court will house a Small Claims Court and a Gender Justice Court and decongest Kibera and Kikuyu Law Courts.
“The Judiciary has an overwhelming case load concentrated within Nairobi and its neighbouring counties -Kiambu, Machakos, and Kajiado- that account for one-third of all cases filed in our courts,” said Justice Koome.
She said that with an estimated population of 5.5 million people within Nairobi City County, representing nearly 10 per cent of Kenya’s total population the number of cases filed are overwhelming. In 2023 alone, 382,388 cases were filed in magistrates courts across the country, with 91,085 (24%) of these filed in Nairobi City County.
She added that Makadara Court recorded the highest number of filings, with 24,122 cases. Other courts in Nairobi, including Milimani Chief Magistrates Court, Milimani Commercial Court, Thika, Kiambu, and Ruiru, were also among the top 10 busiest courts, handling a third of all filed cases.
“We have not had commensurate investment in court infrastructure in a manner that matches Nairobi’s growing population, leading to an unsustainable mismatch between the demand for justice and the availability of court services,” said the CJ.
The Chief Justice said that, in line with the Judiciary’s goal of ensuring that every sub-county has access to a Magistrate’s Court, there is a significant gap in Nairobi. Out of the 17 constituencies, only three have Magistrate’s Courts—Kibera, Makadara, and Milimani. This leaves 13 constituencies without adequate access to justice.
She said the Judiciary initiated a partnership with the Nairobi Metropolitan Services (NMS)to address the infrastructural gap. The collaboration focused on the construction of Small Claims Courts in Mihang’o, Huruma, Kasarani, and Dagoretti.
“To actualize our vision to bring judicial services closer to the people, we have a goal to reduce the proximity of courts to less than 100 kilometres. The launch of the Dagorreti Magistrates’ Court increased the number of Magistrates’ Courts to 140. However, this means that we still have 150 constituencies that do not enjoy the presence of a Magistrates’Court,” said the CJ.
She said the judiciary is committed to working with the national government, counties, and development partners to ensure that judicial services are accessible, affordable, and timely for all citizens across the 290 constituencies.
Speaking at the same event, PS State Department for Correctional Services, Dr Salome Beacco, pointed out the need for the Judiciary to work closely with the Department to undertake continuous decongestion of prisons and also to engage Community Service Orders programme to promote non-custodial sentences restorative justice.
Judicial Service Commission vice chairperson Isaac Rutto noted that the Judicial Service Commission is steadfast in its mandate to promote the efficient and effective administration of justice in Kenya.
“We recognize that a justice system that serves the people must be accessible, transparent, and responsive to their needs. The opening of the Dagoretti Law Courts is a manifestation of our continued dedication to a judicial system that upholds the rule of law while prioritising the needs of the people,” said Commissioner Rutto.
Chief Registrar of the Judiciary Winfridah Mokaya said the Judiciary received Ksh826 million for development against a running projects portfolio of Kshs 21 billion and an annual resource requirement of 2.2 billion for infrastructure alone this financial year.
“This implies that, without initiating any new projects, the Judiciary will take an inordinately long period to complete all the ongoing projects. We, therefore, continue to engage Parliament for improved development funding,” said the CRJ.
