President William Ruto has moved to plug the gaping hole in Kenya’s appellate justice system, swearing in 15 new Court of Appeal judges in a high-stakes bid to dismantle a paralysis that has left thousands of litigants in limbo.

The ceremony at State House, Nairobi, marks a pivotal moment in the often-fraught relationship between the Executive and the Judiciary. With the Court of Appeal previously operating with a skeletal staff of just 27 judges against a statutory requirement of 70, the backlog of commercial and criminal appeals had reached crisis levels, threatening to choke the economy and delay justice for years. This injection of judicial firepower is not merely administrative; it is a critical intervention in the nation’s governance architecture.

The New Guard: A Blend of Experience and Grit

The list of appointees reads like a roll call of Kenya’s legal heavyweights, balancing career jurists with seasoned private practitioners. Among the most notable elevations is Ahmed Issack Hassan, the former Independent Policing Oversight Authority (IPOA) Chairperson and ex-IEBC boss, whose return to the limelight in judicial robes signals a significant rehabilitation of public figures with technocratic pedigrees.

Joining him is Katwa Kigen, a Senior Counsel known for his high-profile litigation history, including representing the President at the International Criminal Court (ICC). His appointment has drawn intense scrutiny, with observers watching closely to see how his transition from a partisan defender to a neutral arbiter plays out. The bench also welcomes nine judges promoted directly from the High Court, a move seen as a vote of confidence in the lower court’s rigour. These include:

• Justice Enock Chacha Mwita: Known for his bold constitutional interpretations.
• Justice Hedwig Ong’udi: A veteran of the Constitutional and Human Rights Division.
• Justice Mathews Nduma Nderi: A specialist in employment and labour relations.
• Justice Lydia Achode: Whose tenure as Principal Judge of the High Court was marked by administrative reforms.

"No Court Order Will Be Ignored"

In his address to the newly sworn-in judges, President Ruto struck a conciliatory yet firm tone. "I have questioned judicial decisions that appear to impede the implementation of critical public policy priorities," the Head of State admitted, referring to the string of injunctions that have stalled his housing and healthcare levies. "But let it be clear: my administration will respect all court rulings. We expect, in turn, a judiciary that is alive to the national interest."

The President’s remarks underscore the delicate tightrope the new judges must walk. They are entering a court that is the final arbiter for the vast majority of Kenyan cases (as the Supreme Court only hears matters of general public importance), placing them directly in the crosshairs of the country’s most contentious political and economic disputes.

The Backlog Crisis

The urgency of these appointments cannot be overstated. Data from the Judiciary’s latest "State of the Judiciary" report reveals that the Court of Appeal had a case clearance rate of less than 40% in the last financial year, largely due to the manpower deficit. Commercial disputes worth billions of shillings remain locked in the appellate pipeline, freezing capital that could stimulate the economy.

Chief Justice Martha Koome, who witnessed the swearing-in, has termed the appointments "a breath of life" for the institution. "We can now constitute more benches to sit in Nairobi, Mombasa, Kisumu, and Nyeri simultaneously," she noted. "The era of adjournments due to lack of quorum must end today."

As the 15 new judges don their red robes, the public expectation is palpable. They are not just clearing files; they are restoring faith in a system that has, for too long, been defined by the maxim "justice delayed is justice denied."