PHOTO | FILE Chief Justice Dr Willy Mutunga. The Judiciary will release a comprehensive report in mid-March when it will be launching its transformation framework which will include an update on progress in reforms in the Judiciary since Chief Justice Willy Mutunga delivered his 100 days-in-office speech.
By PAUL JUMA pjuma@ke.nationmedia.com
Posted Sunday, February 26 2012 at 22:30
Posted Sunday, February 26 2012 at 22:30
IN SUMMARY
- Court registry is sorting out files of matters that have remained neglected for more than a year
Thousands of cases that have been lying unprosecuted in court have been dismissed.
Court registries have been sorting out old case files that have remained neglected for more than a year and issuing notices for their dismissal.
The cleaning up of court registries is still underway, but the Judiciary will release a comprehensive report in mid-March when it will be launching its transformation framework, said Judiciary Chief of Staff Duncan Okello. (READ: Kibaki: Govt keen on reducing case backlog)
The report will include an update on progress in reforms in the Judiciary since Chief Justice Willy Mutunga delivered his 100 days-in-office speech, he said.
According to Mr Okello, the dismissal of cases that have been in court for too long without parties taking any step to bring them to a close is part of the Judiciary’s Rapid Response Initiative.
“The public has been complaining about case backlog. The ambition is to remove case backlog from the vocabulary of the Kenyan Judiciary,” he told the Nation. (READ: Drive to fast track court cases starts)
Throughout the last three weeks, advocates have been appearing before various judges to show why inactive matters that their clients filed more than a year ago should not be dismissed.
The Land and Environmental Division has completed dismissals, while Commercial and Admiralty and the Constitutional and Human Rights Divisions are still dismissing old cases.
A random review of the cases reveals that some of them involved individuals who have since died.
Others were being represented by law firms, whose owners have since become judges or members of key commissions. (READ: Kenya CJ vows to clear case backlog)
However, lawyers are dissatisfied with the manner in which the cases are being dismissed. “Lawyers are saying that notices (for dismissal) don’t seem to come in time,” noted Law Society of Kenya chairman Eric Mutua.
Mr Mutua said the Judiciary should have consulted lawyers before beginning to dismiss cases. “It may end up doing injustice to parties.”
Outgoing LSK chairman Kenneth Akide, however, welcomed the dismissals saying not everyone who files a case in court “does so to achieve justice”.
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