Senior counsel Ahmednasir Abdullahi has raised strong concerns over the performance of Kenya’s judiciary, arguing that an increase in judicial appointments has not translated into improved efficiency in the courts.
He said that despite the appointment of hundreds of judges in the Court of Appeal, High Court, Environment and Land Court, and Employment and Labour Court over the past two to three years, the justice system is experiencing worsening delays, backlog accumulation, and frequent adjournments.
“In the last 2-3 years, We have appointed 100s of judges to the Court of Appeal, High Court, Environment and Land Court and Employment and Labour Court and things are getting worse and worse... At this rate we may as well close our courts. Nothing is really working in our courts...no hearings...no judgments...no rulings...just adjournments....adjournment....and mentions....workshops....retreats....benchmarking etc...Surely, why are judges and magistrates refusing to work?”
He further pointed to what he described as prolonged delays in the delivery of rulings, even in matters that have already been heard.
“Applications heard in May have ruling dates for November(7 months for a ruling of 10 pages!!!) Similarly, the Commercial Court in Nairobi no longer listens to matters. Matters heard in May have ruling dates for November/December. The problem is everywhere.”
Abdullahi also questioned how judicial resources are being allocated, arguing that the Court of Appeal is facing stagnation despite the presence of more judges.
“The Court of Appeal is in standstill. Backlog of 5 years is the norm in Nairobi, yet CJ posts 50% of the Court's judges to towns/villages where no appeals have ever been filed....”
He added that court operations appear to be slowed by non-judicial activities.
“No hearings...no judgments...no rulings...just adjournments....and mentions....workshops....retreats....benchmarking etc...”
He further raised questions about leadership oversight within the Judiciary, asking why delays continue unchecked and why administrative leadership has not addressed the growing backlog affecting litigants across the country.
The remarks come at a time when concerns over case backlogs and delayed judgments continue to dominate discussions within the legal sector, particularly in commercial and appellate courts where delays have had wider economic implications.