Mwilu calls for physical resumption of courts over backlog of cases

MOMBASA,Kenya, Feb 17 – Calls for the physical resumption of court sessions amidst the COVID-19 pandemic was top of the agenda at the High Court annual Judges conference in Mombasa, with the judiciary battling an increasing backlog of cases in the corridors of justice.

Acting Chief Justice Philomena Mwilu said it is necessary that physical court sessions resume in order to avert a backlog crisis and ensure fair judgements in courts.

Mwilu pointed to the fact that the restrictions had resulted in witnesses in various cases not being able to be heard either physically or virtually.

In such a case, she said, there has been unnecessary postponement of cases.

“Witnesses are not being heard in many of our court stations, physically or even virtually, on this, my friends, something has to be done. For how long shall we remain behind closed doors when everywhere else is open? I have no doubt myself that this requires our very serious collective consideration,” she said.

In the current dispensation, physical court sessions are restricted to a limited number of people owing to the COVID-19 pandemic, but Mwilu said it’s time to re-adjust the measures to ensure the fair delivery of judgments and allow witnesses to physically appear in courts.

“The courts cannot be closed to physical hearings for very much longer. Let’s give this a very serious thought. My vision for the judiciary is for the expeditious resolution of disputes with total integrity in all its elastic meaning,” she asserted.

Despite an impressive clearance rate of cases in the high court averaging 72 percent, the backlog is on an upward trajectory.

The Directorate of Planning and organizational Performance (DPOP) Half Year Caseload Statistics Report FY 2020-21 covering the period July 1, 2020 to December 31, 2020 shows a total of 10,646 cases were filed against 7,713 cases resolved in that period.

“In the above referenced period,the case backlog for matters 5 years old and above has seen a 3.4 percent increase. Indeed, with a workload per judge of 1,064 cases against a current rate of about 180 matters per year per judge, it is clear that, despite our best efforts, this will only continue,” the Ag CJ said.

From June 2020, there were a total of 89,415 pending cases in the High Court, this increased to 92,530 pending cases as at December 2020.

As at January 2017 there were 58,487 cases older than 5 years.

Between then and December 2020, 70,453 cases have been resolved, leaving the number currently standing at 6,995 cases, aged 5 years and above.

“This represents a reduction of 88 percent, a fantastic job indeed. For the period 2018/19, the case clearance rate target in criminal cases was 84.6, surpassed this target achieving a rate of 112.In the same period, the case clearance rate targeting civil cases was 97.5 and again, that surpassed this target achieving a rate of 157,” she pointed out.

Meanwhile, despite the adoption of technology in court operations particulalry during the corona pandemic, several challenges have been experienced.

Principal Judge Lydia Achode who was also in attendance said the transfer of 32 judges last year also led to the increased backlog of cases.

“It cost us to have a backlog removed, we have to struggle, judges are struggling with cases because there are limited resources to manage them, ” Principal Judge Achode said.

This year’s theme at the High Court annual judges conference is “performance improvement, navigating the new normal in dispute resolution.”