The Chief Justice at the time, David Maraga, established Magistrate’s Courts in different areas of the country.

It is almost three years later, and the Judiciary still has not fully operationalised these courts.

Hence, those seeking justice in certain areas have had to walk kilometres, and offenders transported daily to where the Magistrate’s Courts are already set up.

The Judiciary however says this is about to change.

A total of three courts — two from Busia County, and one in Kisii — will in the coming months be operationalised.

Among them is the Etago Law Courts in Kisii County, which former CJ Maraga opened during a ceremony in 2020.

The other two — Port Victoria Law Courts and Malaba Law Courts — are from Busia County.

Malaba outcry

“The Judiciary’s attention has been drawn to the sentiments expressed in a section of local media by residents of Teso,” said the Judiciary in a press statement on May 17.

Residents of this area, according to the Judiciary, have appealed to the Judicial Service Commission to operationalise the court in Malaba so as to “reduce the cost incurred by the residents in their search for justice.”

In previous media reports, residents who ought to have been using the Malaba and Port Victoria Law Courts have had to find themselves making their way to the Busia Law Courts instead.

According to the Judiciary, these three courts are “lined up for operationalization in the [Financial] Year 2023/2024.”

Once operationalised, this will bring to 40% of the new Magistrate’s courts that were established by CJ Maraga.

Recuritments and budgets

Judiciary said that even though 22 new Magistrate’s Courts had been established in the 20/21 financial year, only six have so far been operationalised.

“All those courts could not be fully operationalised immediately owing to limitations in human (both judicial and staff) and financial resources,” Judiciary said in a statement on May 17.

Judiciary added, “Following JSC’s recruitment of judicial officers and staff and requisite budget allocation, six courts have since been operationalised.”

These are;

• Kabiyet
• Kenol
• Madiany
• Ol Kalou
• Rumuruti
• Tinderet

The remaining 13 courts, will be operationalised in phases, according to the Judiciary.

Of those remaining to still be fully operationalised are Magistrate’s courts in,

• Borabu
• Garbatulla
• Kaptumo
• Kasarani
• Kendu Bay
• Kikima
• Manga
• Marigat
• Masinga
• Matiliku
• Usigu
• Wamunyu
• Zombe

The Judiciary’s blueprint — Social Transformation through Access to Justice for all — envisages establishment of Magistrate’s Courts in every sub-county.”

Judiciary also seeks to improve physical proximity to courts, “where no Kenyan has to travel a distance of more than 100km to the nearest court.”

[Cover photo: Kenya Judiciary]