Chief Justice Martha Koome presided over the swearing-in of 69 newly recruited Resident Magistrates, who will also serve as Small Claims Court Adjudicators.
The Chief Justice described Magistrates’ Courts and Small Claims Courts as “people’s courts” or “the face of the justice system”.
“This is so because it is at the Magistrates’ Courts and the Small Claims Courts that the bulk of the cases—be they criminal, traffic, or civil—that come to the justice system are heard and resolved,” she said.
The CJ revealed that caseload statistics show that 85 per cent of cases that come to the Judiciary are heard and determined at these subordinate courts.
She explained that it is at the Magistrates Court and the Small Claims Court where the highest numbers of unrepresented litigants are found, meaning that the vast majority of people’s experience of the law and the justice system is drawn from their contact or interaction with the Magistrates’ Courts and the Small Claims Courts.
“This stark reality has instilled a resolute commitment to transform each court station, commencing with the Magistrates’ Courts, into bastions of excellence in service delivery, aligning with the overarching vision of ‘Social Transformation through Access to Justice’ within the Judiciary,” she said.
The CJ urged the magistrates to eliminate case backlogs and delays in the delivery of justice, which is the most common complaint from Kenyans. “You must work to meet our target of ensuring that no court case stays in a Magistrates Court for more than three (3) years and no more than sixty (60) days in a Small Claims Court,” she told the magistrates.
She reminded them to adopt “active case management” and ensure that no file is left idle in the registry once pleadings are closed. “We expect you to be the champions of our ‘no adjournment’ policy that is geared towards ensuring that matters are heard to a conclusion once set down for hearing,” she underscored.
She emphasised effective time management, diligence, and excellence in customer care by ensuring court sessions start on time. “As part of enhanced court experience, we expect you to communicate in time and give adequate notice to litigants and advocates whenever the normal court schedule is to be interrupted. We also expect to deliver rulings and judgements within the stipulated statutory timelines after the hearing.”
She urged them to familiarise themselves with the ‘Code of Judicial Conduct and Ethics’ and make the ‘Code’ a guide in all actions.
“Your duty as judicial officers is to decide the cases that come before you in accordance with the law. This demands that you exercise independent judgement, free from external influence or motivation. The only influence in your judicial decision-making should be the law and the evidence adduced before you during trial,” she advised.
She indicated that the Judiciary and the Judicial Service Commission are mainstreaming the idea of “judicial hygiene” meaning the enforcement of a policy of “zero tolerance” for corruption within the Judiciary.
“We will deal swiftly and firmly with any allegations relating to corruption. Thus, you must be ready to walk the straight and narrow path of integrity if you want to build a career in the judiciary,” she emphasised.
The CJ was assisted by Deputy Chief Justice Philomena Mwilu. The swearing-in ceremony happened in Naivasha, where the officers are also undergoing induction.
By Hamdi M. Buthul
