Kenya’s Courts Under Strain: Backlogs, Budget Gaps, and Eroding Trust

⚖️ Kenya’s Courts Under Strain: Backlogs, Budget Gaps, and Eroding Trust

1. Surging Case Backlog: A 113% Increase Since 2017

A 2024 audit revealed roughly 650,000 cases pending, marking a staggering 113% rise over seven years. The High Court alone had 68,121 pending cases by March 2024—an average of 873 cases per judge—prompting Chief Justice Koome to deploy new judges in a Rapid Results Initiative aiming to clear 12,000 cases within six months  .

2. Slow Progress Amid Budget Shortfalls

According to the 2023–24 Judiciary Report, pending cases decreased slightly to 635,262, down 2.16% from 649,342, while the case backlog (cases older than one year) declined by 10%  . However, judiciary underfunding remains acute—a KSh 19 billion shortfall left critical needs unmet, with only KSh 22.4 billion allocated against a required KSh 64 billion budget  .

3. Public Perception: Trust but Deep Distrust

Afrobarometer data show mixed signals:

• 57% of Kenyans trust the courts “somewhat” or “a lot.”

• Yet 86% believe “some judges and magistrates are corrupt,” with 35% saying most or all can be bribed  .

  This echoes earlier findings: over half of respondents in a national survey expressed suspicion, and nearly 23% felt most judges are corrupt ().

4. Corruption Allegations and Reform Pushes

Chief Justice Koome has acknowledged corruption issues and launched a multi-agency anti-corruption strategy—partnering with the Ethics and Anti-Corruption Commission and National Intelligence Service to identify and intervene in judicial hotspots  . Meanwhile, Reddit users critique the system’s bias toward the powerful:

“Kenya’s courts benefit the mighty and punish the needy… It is easy to slip cash to a court clerk to make a file disappear… None [remand prisoners] was a politician.” 

“Kenyan Judges Chauffeured and Ferried in Guzzlers still want more… judiciary remains one of the most corrupt institution in Kenya.” 

5. Access to Justice: Delays and Alternatives

Among those interacting with courts, 65% reported long delays, 57% lacked legal counsel, and 47% couldn’t afford fees  . Limited accessibility is driving many Kenyans to pursue justice via traditional, informal, or community channels, with 86% satisfaction among users  .

6. Reform Measures and Persistent Constraints

• Court digitization, e-filing, and mediation systems have been introduced  .

• Specialized courts like Employment & Labour Relations, and Environment & Land Courts have reduced backlog by 20–37%  .

• Still, structural weaknesses—underfunding (judiciary receives ~0.9% of the national budget vs. 3% required), understaffing, and infrastructure gaps—continue to hamper progress  .

🔍 Summary & Way Forward

Issue	Status Mid-2025	Needed Action
Pending/backlog cases	~635,000 pending; 10% drop in backlog; clearance high but aging cases persist	Expand judge appointments, streamline case triaging
Budget deficit	KSh 19 billion shortfall; judiciary receives <1% of national budget	Increase budget to 3% legal mandate; invest in tech and infrastructure
Corruption perceptions	86% see some judges as corrupt; reform initiatives launched	Enforce anti-corruption measures, prosecutions, judicial transparency
Access & affordability	High costs, limited legal aid, long delays	Strengthen legal aid, community mediation, court decentralization

 

✅ Conclusion

Kenya’s judiciary is at a critical juncture—marked by chronic backlogs, budgetary constraints, and fragile public trust. While reforms like digitization, multi-agency anti-corruption efforts, and specialized courts show promise, the system remains overstretched. To restore public confidence and deliver timely justice, Kenya must significantly boost judiciary funding, tackle corruption head-on, and prioritize access and efficiency through staff expansion, judicial transparency, and legal aid empowerment.