Nairobi's courts are straining under the weight of a crippling case backlog, a long-standing issue that top judicial officials now admit is placing the system under immense pressure. This judicial gridlock means justice delayed for thousands of citizens, translating directly into lost income, stalled business disputes, and a dangerous erosion of public faith in the legal system.

The sheer volume of unresolved cases is staggering. While the Judiciary's latest report for the 2024/25 fiscal year shows a commendable 104% case clearance rate nationally—meaning more cases were resolved than filed—the underlying backlog remains a monumental challenge. According to recent data, Magistrates' Courts handle the largest burden, accounting for approximately 73% of pending cases nationwide. For the average Nairobian, this translates into years spent waiting for land disputes, commercial claims, or family matters to be concluded, effectively putting their lives and livelihoods on hold.

What's Fuelling the Gridlock?

The crisis is not born from a single failure but a confluence of systemic problems. Chief Justice Martha Koome has repeatedly highlighted several key obstacles hampering the swift delivery of justice. A persistent and severe funding shortfall is at the heart of the issue, with the Judiciary consistently receiving less than half of its required budget. This financial gap directly impacts its ability to operate effectively.

Key contributors to the backlog include:

• Shortage of Judicial Officers: The court system is operating at just 45% of its optimal capacity, creating a 55% deficit in judicial officers needed to handle the caseload. This shortage means individual magistrates and judges are often overwhelmed, with some dockets listing as many as 50 cases per day.
• Inadequate Infrastructure: A lack of sufficient funding directly translates to inadequate physical court infrastructure and technological resources, further slowing down processes.
• Procedural Delays: Frequent and often avoidable case adjournments contribute significantly to the delays, a problem CJ Koome has flagged as eating away at judicial efficiency.

The Race for a Solution

In response, the Judiciary is pushing a multi-pronged strategy aimed at decongesting the courts. A major focus is the promotion of Alternative Dispute Resolution (ADR) mechanisms, such as mediation and arbitration, to resolve disputes outside the formal court process. The Constitution itself encourages these alternatives to deliver faster, more amicable resolutions.

Furthermore, technology is being leveraged to accelerate justice. Initiatives like the 'Mahakama Popote' virtual court system allow judges in less busy stations to remotely handle cases from overloaded courts. The expansion of Small Claims Courts has also been a significant success, celebrated for its simple, affordable, and fast resolution of civil claims. Despite these efforts, CJ Koome has warned that without adequate funding and staffing, these gains could be undermined.

As the Judiciary battles this internal challenge, the stakes for ordinary Kenyans could not be higher. The promise of a swift and fair hearing remains the bedrock of a just society, and the success of these reforms will determine whether that promise is kept for the citizens of Nairobi and beyond.