High Court Judge Alexander Muteti has raised alarm over what he described as an unsustainable crisis in Kenya’s judiciary due to a severe shortage of judges.
Speaking at the Day of Delayed Justice event, Justice Muteti warned that unless staffing levels are urgently addressed, access to justice will remain a distant dream for many Kenyans.
“Sixty-three years after independence, how do you run a judiciary with just 96 judges?” he questioned, revealing that each High Court judge currently handles up to 450 cases a year.
“At that rate, a judge will do very little in a year,” Muteti said, adding that the backlog is overwhelming and compromises the timely delivery of justice.
While acknowledging that technology particularly virtual courts has helped ease the burden, Muteti emphasized that digital solutions alone cannot fix the human resource gap. Though plans are underway to recruit at least 20 more judges, he dismissed the number as insufficient. “That’s just a drop. If you don’t have the numbers, then you don’t have a solution.”
He lauded the judiciary’s shift to virtual hearings, which now account for nearly 70% of court proceedings, and challenged the Office of the Director of Public Prosecutions (ODPP) to embrace remote witness testimony.
“Time has come that you don’t have to transport witnesses to Nairobi or any court to testify,” he said. “Why not log in from your offices and let them testify remotely? It removes delays and frustrations.”
Justice Muteti also called out the Independent Policing Oversight Authority (IPOA), urging it to collaborate more closely with the Witness Protection Agency, especially in cases involving police brutality and extrajudicial killings.
“If IPOA investigates cases and your witnesses are roaming around in town, you will fail,” he cautioned. “Many are afraid of testifying against police officers those are real-life challenges we must address.”
In a rare show of solidarity, IPOA Chairperson Ahmed Isaack Hassan echoed the judge’s sentiments. He cited persistent resistance within the National Police Service to civilian oversight.
“The police force has not fully accepted civilian oversight,” said Hassan. “We still have a long way to go. Even having civilian investigators is in itself a challenge, and we face a lack of cooperation in many instances.”
Hassan noted that IPOA often receives only temporary cooperation and only when cases attract significant public attention. “You will see temporary openness when the matter is of public interest but that fades quickly,” he added.
