THE KENYA GAZETTE Published by Authority of the Republic of Kenya (Registered As a Newspaper at the G.P.O.)

SPECIAL ISSUE THE KENYA GAZETTE Published by Authority of the Republic of Kenya (Registered as a Newspaper at the G.P.O.) Vol. CXVIII—No. 127 NAIROBI, 19th October, 2016 Price Sh. 60 GAZETTE NOTICE NO. 8450 STATE OF THE JUDICIARY AND THE ADMINISTRATION OF JUSTICE ANNUAL REPORT, 2014 –2015 FOREWORD The reforms in the entire justice sector accelerated in the financial year 2014/2015. In the Judiciary, significant advances were made in terms of reduction of case backlog; finalization of key policy documents; introduction of performance management framework; review and improvement of the human resource management; continued expansion of court infrastructure; introduction and use of scientific and data analysis methods, the transition of tribunals into the Judiciary, among others. It is indeed noteworthy that the cooperation and coordination in the justice sector is increasingly deepening. The period under review yielded at least three major policy measures, including Bail and Bond Policy Guidelines, Traffic Guidelines and Sentencing Policy Guidelines. These were developed within the framework of the National Council of the Administration of Justice (NCAJ). The NCAJ also expanded its regime of work to include County Governments, and held the Inaugural Annual NCAJ-Council of Governors Conference on the Administration of Justice within the Context of Devolution, which has now become an annual event. Individual justice sector agencies recorded positive progress on many fronts, as discussed in detail in Chapter Four of this Report. It is indeed gratifying that there is evidently increased cross referencing of agency activities, both in operation and in reporting, which is a positive indicator of emerging coordination and collaboration, the founding bases of the NCAJ. The data presentation of NCAJ agencies is also becoming richer and more robust. Going forward, it is important that these reform processes are consolidated and sustained as an essential part of fulfilling Kenya‟s constitutional aspirations. The Judiciary will continue with the transformation work which begun in 2011, and which is now further codified in the Strategic Plan, 2014-2018, and in a host of other new sectoral management policy documents including on human resource and finance. It is my hope that Parliament will find urgency in enacting the Judiciary Fund Bill that is four years behind schedule. The production of this Report would not have been possible without the support of all the heads and technical representatives of the NCAJ agencies and I wish to thank them. Let me recognise the tremendous effort of the technical team, the State of Judiciary and Administration of Justice Preparations Committee led by Duncan Okello, for the excellent work they have done. It is the dogged determination of the Committee members, Moses Maranga, Hon. Moses Wanjala, Hon. Lorraine Ogombe, Hon. Lyna Sarapai, Hon. Maloba Were, Hon. Daisy Mosse, Hon. Kennedy Bidali, Martha Mueni, Jackie Mulwa, John Muriuki, Dr. Masha Baraza and Irene Omari that has made the production of this report possible. I wish to thank the Judiciary family members including judges, magistrates, kadhis, members of the tribunals and judicial staff for the work they continue to do in serving the Kenyan people. Thank you. DR. HON. JUSTICE WILLY MUTUNGA Chief Justice and President of the Supreme Court of Kenya [4159 4160 THE KENYA GAZETTE 19th October, 2016 CONTENTS FOREWORD LIST OF TABLES AND FIGURES LIST OF ABBREVIATIONS CHAPTER 1–LEADERSHIP AND MANAGEMENT 1.1 Leadership and Management Outlook, 2014/2015: Context and Overview 1.2 Leadership and Management, 2014/15: Strategic Directions and Policy Priorities 1.3 Improving Judicial Practice 1.4 Improving Judiciary Operations 1.5. Streamlining Judiciary Infrastructure 1.6. Transition of Tribunals 1.7. The Chief Justice's Scholarship Initiative 1.8. People Centeredness and Public Engagement 1.9 Office of Judiciary Ombudsperson 1.10 Collaborations and Partnerships 1.11 Ceremonial and other engagements CHAPTER 2–ACCESS TO JUSTICE 2.0 Introduction 2.1 Dispensation of Justice and Courts' Performance 2.2 Court-by-Court Analysis 2.3 Efforts to Improve Access to Justice CHAPTER 3–JURISPRUDENCE 3.0 Introduction 3.1 The Elections Act 3.2 Family Law 3.3 The Bill of Rights 3.4 Decisions touching on Employment and Labour Relations 3.5 Land and Environment Matters 3.6 Constitutionality of Certain Legislations 3.7 Other decisions touching on important subjects in jurisprudence 3.8 Conclusion CHAPTER 4–INTER-AGENCY COLLABORATION 4.1 Introduction 4.2 Activities of the National Council on the Administration of Justice 4.4 NCAJ Secretariat 4.5 Highlights of Activities, Achievements and Challenges of Select NCAJ Agencies in the Administration of Justice 4.5.1 Office of the Attorney General and Department of Justice 4.5.2 Office of the Director of Public Prosecutions 4.5.3 National Police Service 4.5.4 Kenya Prisons Services 4.5.5 Kenya Law Reform Commission 4.5.6 National Transport and Safety Authority 4.5.7 Council of Legal Education 4.5.8 Witness Protection Agency 4.5.9 Federation of Women Lawyers in Kenya (Fida-Kenya) 4.5.10 Council of Governors 4.5.11 National Crime Research Centre 4.5.12 Kenya Association of Manufacturers 4.5.13 Ethics and Anti-Corruption Commission (EACC) 4.5.15 Kenya Human Rights Commission (KHRC) 4.6.16 Independent Electoral and Boundaries Commission (IEBC) 4.5.17 Probation and Aftercare Service 4.5.18 Department of Children Services CHAPTER 5–HUMAN RESOURCE MANAGEMENT AND DEVELOPMENT 5.1 Introduction 5.2 Recruitment and Appointments 5.3 Promotions 19th October, 2016 THE KENYA GAZETTE 4161 5.4 Transfers and Deployments 5.5 Disciplinary Matters 5.6 Employee Separation 5.7 Professionalization of the Human Resource Docket 5.8 Training and capacity building 5.9 Attachment and pupilage programs 5.10 Gender Analysis 5.11 Welfare and Benefits CHAPTER 6–TRAINING UNDER JUDICIARY TRAINING INSTITUTE 6.1 Introduction 6.2 Activities Undertaken in the Reporting Period 6.3 Research and Policy Development CHAPTER 7 –FINANCE AND INFRASTRUCTURE 7.1 Overall Financial Review 7.2 Judiciary Funding in the National Context 7.3 Resource Requirement versus Resource Allocation 7.4 Budget absorption 7.5 Infrastructure Development 7.6 Criteria for allocation of funds 7.7 Revenue 7.8 Challenges in implementing the Budget 7.9 International Funding Standards 7.10 Audit and Risk Management 7.11 Supply Chain Management ANNEXES LIST OF TABLES AND FIGURES LIST OF TABLES Table 1.1 Key Events Presided Over by the Chief Justice, 2014 / 2015 Table 1.2 How complaints are handled Table 1.3 Comparative chart of prevalent complaints Table 2.1 Trend Analysis of Initiated and Resolved Cases by Court and broad Case Type Table 2.2 Trend Analysis of Pending Cases by court and broad Case Type Table 2.3 Trend on Initiated and Resolved Cases by COA station Table 2.4 Case Clearance Rate by broad case type, COA stations Table 2.5 Trend Analysis of Initiated and Resolved Cases by Case Type Table 2.6 Trend Analysis of pending Cases by High Court station Table 2.7 Initiated and resolved cases for ELC, FY 2014/15 Table 2.8 Trend analysis of registered cases, Tribunals Table 2.9 Outcome for the Justice@last initiative carried out in the FY 2014/15 Table 4.1 Approved budget vs actual expenditure, FY 2012/13-2014/15 Table 4.2 ODPP Staff Complement Table 4.3 ODPP Staff Trainings Table 4.4 Prosecution Performance Table 4.5 Breakdown of police cases in court by County, FY 2014/15 Table 4.6 Bills, Laws and Policies Developed by KLRC Table 4.7 Categories of Traffic Victims Table 4.8 Categories of Traffic Victims Table 4.9 Data on Advocates trained, admission, pass/fail as at November 2015 Table 4.10 LL. B. Programme Table 4.11 Diploma in Law Programme Table 4.12 Schedule of Increment of fees Table 4.13 Growth of Witness Protection Programme Table 4.14 WPA Annual Budget Allocations Table 4.15 Education, Training and Public Awareness Table 4.16 Training of education manager Table 4.17 Number of MCAs and county staff trained Table 4.18 Probation Caseloads Table 4.19 Community Service Order Caseload Table 4.20 Number of Bail Reports Table 4.21 Resource Allocation for Probation and after Care Department 4162 THE KENYA GAZETTE 19th October, 2016 Table 4.22 Human Resource Table 4.23 Development projects Table 5.1 Recruitment 2014 / 2015 Table 5.2 Judges Appointed In 2014/2015 By Court and Gender Table 5.3 Cadre of staff Recruited in 2014/2015 Table 5.4 Vacancies Advertised Table 5.5 Promotions Judiciary Promotions for Magistrate‟s FY 2014/15 Table 5.6 Promotions During FY2014/15 Table 5.7 Judiciary Employee‟s with Cases in Court Table 5.8 Employee Separation Table 5.9 Attachment and pupilage programs Table 5.10 Age Profile by Cadre Table 5.11 Gender Composition Table 6.1 Judicial Education for Judges Table 6.2 Continuing Judicial Education Trainings for Magistrates Table 6.3 Other Trainings for Magistrates Table 6.4 Joint trainings for Judges and Magistrates Table 6.5 Multi-Stakeholder Forum Table 7.1 Overall Percentage Budgetary Allocation Table 7.2 Resource Requirements versus Allocation Table 7.3 Budget Implementation by Sub-Programme Table 7.4 Allocation of Funds Table 7.5 Procurement Committee Annex 1 List of Judges, 30th June 2014/2015 Annex 2 Analysis of Court User Committee Report, FY2014/15 Annex 2A Initiated Cases and Resolved Cases by High Court Station, FY 2014/15 Annex 2B Trend Analysis of Pending Cases by broad case type, High Court Stations Annex 2C Trend in Case Clearance rate by High Court Station Annex 2D Initiated and Resolved Cases, Magistrates‟ Courts Annex 2E Pending Cases, Magistrates‟ Courts Annex 2F CCR for Magistrates Court January to June 2015, DCRT Data LIST OF FIGURES Figure 1.1 Complaints statistics Figure 1.2 Complaints by Type Figure 1.3 Comparative trend of complaints 2011 to 2015 Figure 1.4 Comparative trend of complaints 2011 to 2015 Figure 2.1 Percentage of pending cases by Courts Figure 2.2 Trend in Case Clearance Rate by court type Figure 2.3 Initiated and Resolved Cases by type for the FY 2014/15, Supreme Court Figure 2.4 Trend in Pending Cases by case type, Supreme Court.

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