JSC: We’re Struggling With 257,000 Court Of Appeal Cases

The Judicial Service Commission (JSC) has revealed that Kenya’s Court of Appeal is overwhelmed with a backlog of 257,000 cases, highlighting a major challenge in the country’s justice system.

The issue came to light during a meeting between the JSC and the Constitutional Implementation Oversight Committee (CIOC), where lawmakers raised concerns about delays and limited access to justice for ordinary Kenyans.

“A courtroom should be a place of answers, not endless waiting,” said MP Geoffrey Mulanya. “How is it that the earliest judgment can take four or five years? Kenyans are losing faith. Access to justice is a constitutional right.”

The frustration was shared by several MPs who said the delays were affecting their constituents. Hon. Charles Nguna questioned why citizens must travel long distances to access courts. “We should have a functioning court in every constituency. Justice must be brought closer to the people.”

Lady Justice Fatuma Sichale, who represented the JSC, admitted to the huge backlog and the limited resources available.

“We’re sitting on a backlog of 257,000 cases. With only nine Court of Appeal benches handling all appeals nationwide, the average lifespan of an appeal is five years,” she said.

To address this, the JSC is planning to establish 15 more Court of Appeal benches, but funding remains a major obstacle. So far, 14 prototype courts have been built through partnerships with Members of Parliament, but the JSC says every sub-county needs a functioning court, equipped with enough staff and proper facilities.

“The judiciary receives less than 1% of the national budget. That’s not enough,” said Justice Sichale. “We need more resources if we are to truly deliver justice across the country.”

Lawmakers also raised concerns about delays in case transfers and lack of transparency. MP Caroli Omondi said some delays appear deliberate and called for a clear case management system, performance data, and stronger accountability measures.

“There’s a growing perception that justice is compromised,” he said. “This isn’t just about the courts, it’s about the trust of the Kenyan people.”

Mulanya also questioned why some cases are filed far from where complainants live. “Succession matters remain out of reach for many. We urgently need a policy to make the system work for everyone,” he said.

The Chief Registrar of the Judiciary added that the JSC’s powers are limited. “We can only recommend the removal of judges but can’t address minor misconduct. Even our proposed laws are still pending in Parliament,” she said, noting that disagreements between government arms are delaying much-needed reforms.