CJ urges creativity to reduce backlog of cases

As the debate on the extent of judicial reforms continues, the Chief Justice is calling for implementation of mediation and plea bargaining to reduce backlog of cases in Kenyan courts.

Justice Evans Gicheru wants the judges to be creative and innovative while handling cases to ensure the proceedings run smoothly and the cases are disposed off faster and effectively.

According to the Justice, the role of judges has since changed saying it is no longer about deciding on cases but to play an active part in the proceedings. He has therefore challenged the judiciary to introduce methods that can ensure an effective system of handling the cases.

Speaking during a swearing in ceremony which saw 71 advocates sworn in, Justice Gicheru said introducing mediation in civil procedures would reduce the number of such cases in the courts.

Section 81 of the civil procedure act mandates that judges can direct parties in civil proceedings to resort to methods such as mediation under circumstances where it is perceived that the dispute can be resolved in a co-operative manner.

This means that a judge in his own discretion can decide to use mediation if the matter can be resolved without going through long and tedious court processes.

“Apart from the expansion and modernisation of the judiciary, it is also important to promote the use of alternative dispute resolution methods.” Said Justice Gicheru.

A related development in respect to criminal proceedings would be the plea bargaining process. Justice Gicheru said the provision would allow persons accused of certain offences to avoid the stigmatisation associated with lengthy criminal trials. With this the justice was referring to minor offences which he says can be solved without the common adverse law suits.

The task force on judicial reforms and whose report has been handed to the CJ Minister for Justice, Constitutional Affairs and National Cohesion and the Attorney general captures all reforms that are needed to improve the judicial performance.

The larger agenda for judicial reforms touches on the methods for selection and appointment of judges, improvement of physical infrastructure of the judiciary and the judicial accountability and efficacy.

According to the CJ all the reforms will be considered but on Thursday, he put more emphasis on case management to reduce backlog of cases.
He wants the judiciary to consider implementing computerised signalling system to enable judges monitor progression of cases by use of the IT systems.
An ICT committee for the judiciary has been tasked with the responsibility of formulating an ICT policy to plan the computerisation of the Kenyan Judiciary.
Issue of Electronic filing of cases starting with court of appeal and the high court to replace the normal paper filing is yet to be introduced.
Introducing e-filing and tracking mechanism of cases will enable monitoring of cases and which in return will increase accountability of the judiciary.” He said.
This was the second group of advocates to be sworn in within the last month. A similar ceremony was conducted last month.