A leaked government proposal in the United Kingdom to scrap jury trials for most criminal cases has ignited a fierce debate over the foundational principles of justice, pitting administrative efficiency against a centuries-old right. According to documents reported on Tuesday, 25 November 2025, UK Justice Secretary David Lammy has drafted plans to restrict jury trials to only the most severe offences—such as murder, rape, and manslaughter—in a bid to tackle a crippling backlog of nearly 80,000 cases in England and Wales. The proposal, which could see up to 75% of current crown court cases decided by a judge alone, has drawn sharp condemnation from senior lawyers who warn it could “destroy justice as we know it.”

The drastic measure is a response to a justice system described as being at a “crisis point.” The backlog of cases has nearly doubled since 2019, with some trials now being scheduled as far ahead as 2029. The government argues that bold action is necessary to prevent what a judicial review by former senior judge Sir Brian Leveson termed a potential “total system collapse.” A Ministry of Justice spokesperson stated that while no final decision has been made, the crisis is “causing pain and anguish to victims” and requires significant reform.

However, the legal community has pushed back forcefully. Critics argue the government is using the backlog, which they attribute to chronic underfunding, as a “pretext for restricting the right to jury trial.” The Law Society of England and Wales described the plan as an “extreme measure” that goes far beyond earlier recommendations and erodes the vital principle of being judged by one’s peers. Concerns have also been raised that the move could lead to more miscarriages of justice, particularly for ethnic minorities, as the Lammy Review of 2017 found that juries help mitigate racial bias in the justice system.

A Familiar Challenge for Kenya

The UK’s dilemma offers a compelling mirror to the challenges facing Kenya's own judiciary, which also inherited its common law tradition from Britain. However, Kenya took a different path decades ago, abolishing the jury system after independence. The decision was rooted in the colonial experience, where juries were often seen as tools of a racially biased system, and post-independence reforms aimed to create a unified judiciary under professional magistrates and judges.

Despite not having juries, Kenya has long grappled with its own severe case backlogs, driven by similar factors of underfunding, staffing shortages, and a rising number of new cases. According to the 2024/25 State of the Judiciary and Administration of Justice Report (SOJAR), the backlog of unresolved cases in Kenya rose by 20 percent. The Judiciary continues to operate with a significant funding deficit, receiving less than 1% of the national budget, which Chief Justice Martha Koome has repeatedly stated undermines its efficiency and operational autonomy.

In response, the Kenyan Judiciary has pursued a different set of reforms under Chief Justice Koome’s “Social Transformation through Access to Justice” (STAJ) blueprint. Instead of altering trial formats, Kenya has focused on leveraging technology and alternative dispute resolution. Key initiatives include the nationwide rollout of e-filing, the establishment of virtual courts under the “Mahakama Popote” initiative, and the promotion of Court-Annexed Mediation and Alternative Justice Systems (AJS). These efforts have shown some success, with the 2024/25 SOJAR report noting a 104% case clearance rate, meaning more cases were resolved than filed during the period.

A Global Debate on Justice

The parallel struggles of the UK and Kenya highlight a fundamental global tension: the need to deliver timely justice for victims and the accused versus the imperative to protect foundational legal rights. The UK's proposal to dismantle a pillar of its 800-year-old legal system, enshrined in the Magna Carta, underscores the immense pressure modern justice systems are under.

While Kenya’s experience shows that the absence of juries is no silver bullet for judicial backlogs, its focus on technological and procedural innovation offers an alternative reform path. As the UK government prepares to introduce legislation early next year, the debate will be closely watched in Kenya and across the Commonwealth as a crucial test of how a historic justice system adapts to 21st-century pressures.