Judiciary, Ombudsman lock horns over graft

The verbal sparring between the Judiciary and the Ombudsman continued yesterday with the former rebuffing claims that it was riddled with corruption and incompetency.
The Judiciary slammed claims by the Commission of Administrative Justice that rampant corruption within the judiciary and failure to determine cases was frustrating the justice system.
It instead reminded the Ombudsman to have in mind that efforts by the judiciary to hasten delivery of judgements was being frustrated by challenges such as shortfall in funding that has risen to 48 percent.
Judiciary spokesperson Paul Ndemo said the funding shortfall has slowed down essential service delivery items such as construction and operationalization of additional court and mobile courts, recruitment of additional Judges and judicial officers, automation and ICT among other areas.
Last year alone, a total of 516,121 cases were filed. Pending cases at the end of the year were 635,262 to be handled by 207 judges and 600 magistrates and Kadhis. This translates to 710 cases per judge and 1,600 cases per Judicial Officer per year.
“While we are not averse to criticism, threats and intimidation will only but hamper the proper exercise of judicial independence, a situation we cannot afford as a country. Similarly, insults directed at certain judges and judicial officers will adversely affect the authority of the courts and the entire administration of justice,’ said Ndemo.
Ndemo said that despite the challenges, they managed to bring small claims court, automation of most services and handle succession cases on time.
“We have determined that 90% of succession cases that are pending in court are uncontested. The Honorable Chief Justice has therefore given directions to courts to isolate such cases and expedite them. We have a robust working relationship with the Government Printer and have streamlined the necessary processes for efficient disposal of these cases,” said Ndemo.
On the Small claims courts, Ndemo said that since inception in April 2021 the court experienced significant growth in caseload from 1,023 in the first year to 61,269 currently.
The court is served by magistrates who also double up as small claims court Adjudicators.
However, Ndemo said small claims court has resolved a total of 50,666 cases with a cumulative case value of Sh9,246,658,146 since inception.