Addressing Case Backlog in Magistrates’ Courts in Kenya

Executive Summary

Case backlog in Kenya is a major policy concern across the judiciary, especially at the magistrates’ courts. It undermines timely dispensation of justice and portrays the ineffectiveness of the judiciary in resolution of cases, leading to loss of public confidence. This brief addresses key issues impacting on case backlogs, among them, shortage of judicial officers, underutilization of Alternative Dispute Resolution (ADR) mechanisms and deficiencies in Electronic Case Management System (ECMS). It recommends capacitating of the electronic system and boosting the strength of judiciary human capital. Further recommendations are increased utilization of virtual courts and enhanced multi-agency collaboration to guide ADR mechanisms.