SPECIAL ISSUE THE KENYA GAZETTE Published by Authority of the Republic of Kenya (Registered as a Newspaper at the G.P.O.) Vol. CXVII—No. 151 NAIROBI, 31st December, 2015 Price Sh. 60 GAZETTE NOTICE NO. 9688 THE JUDICIAL SERVICE ACT (No. 1 of 2011) THE STATE OF THE JUDICIARY AND THE ADMINISTRATION OF JUSTICE ANNUAL REPORT 2014–2015 IN ACCORDANCE with the requirement under section 5 (2) (b) of the Judicial Service Act, 2011, the Chief Justice of the Republic of Kenya publishes the State of the Judiciary and the Administration of Justice Annual Report 2014–2015. FOREWORD The transformation of the Judiciary and reforms in the justice sector continue to register major successes. All the institutions in the justice chain are responding to the new imperatives demanded by the Constitution, 2010, and whereas challenges still abound, steady progress is being made. This report on the State of the Judiciary and the Administration of Justice, 2013/2014 discusses the progress made this far and issues that require further intervention. For the Judiciary in particular, the FY2013/14 was a successful but challenging one. In the first part of the year, the Judicial Service Commission (JSC) investigation unearthed far-reaching governance, management and integrity problems that led to the dismissal of the Chief Registrar of the Judiciary. This action by JSC provoked resistance from the National Assembly and the Executive resulting into an attempt, though ultimately unsuccessful, by the two Organs of State to disband JSC. The elaborate disciplinary processes JSC instituted, and the resultant friction in inter-agency relationship, took valuable Judiciary time in the first part of the year. The second half of the year was characterized by a review of systems, policies, and processes to institutionalize accountability and restore integrity and competence in the running of the institution, particularly at the management level. A new Chief Registrar of the Judiciary, Ms. Anne Amadi, was appointed to oversee this process. Since then, tremendous progress has been made in this regard. That is why large segments of this Report are operational in nature, detailing processes and actions that have been taken to correct course. Despite these challenges, the Judiciary continued to implement the Judiciary Transformation Framework. Several policies and manuals have been developed; human resource and financial systems, procedures and processes have been institutionalized; court construction and rehabilitation works continue in over 100 sites throughout the country; the training programs are running well; the reduction in case backlog has been accelerated; partnership with other government agencies, including County Governments, is evolving well; access to justice intervention initiatives are on course, including recruitment of more judges, increase in number of mobile courts, and establishment of more high court stations. Most importantly, as is discussed at length in this Report, very large and sound jurisprudence is emerging from our courts, especially on Elections, Devolution, Bill of Rights, Family and Labour Law. The Judiciary shall continue to build on these gains and improve on service delivery standards to the public. For the independence of the Judiciary to be secured as contemplated by the Constitution, it is vital that Parliament urgently enacts the Judiciary Fund Bill, which we have already forwarded to the National Assembly. I also wish to draw the attention of Parliament to the recommendations of the National Council on the Administration of Justice (NCAJ) Special Working Committee on Land, which is contained in this Report. Let me thank the State of the Judiciary and Administration of Justice Report Preparatory Committee comprising Duncan Okello, Kwamchetsi Makokha, Abdul Omar, Dr. Masha Baraza, Moses Maranga, Katra Sambili, Lyna Sarapai, Lorraine Ogombe, Martha Mueni, Anthony Mwicigi, John Muriuki and the individual Directorates for the effort and dedication in the preparation of the background work for this publication. I wish to thank the Kenyan taxpayers for their continued generous support to the Judiciary, as well other development partners including the World Bank, Ford Foundation, UNDP and GIZ. I also wish to thank all the staff of the Judiciary as well as heads of all the NCAJ agencies for the achievements we have made during the year. HON. DR. WILLY MUTUNGA, D. Jur, SC, E.G.H., Chief Justice and President of the Supreme Court of Kenya Chairman, National Council on the Administration of Justice. [3107 3:303108 PM THE KENYA GAZETTE 31st December, 2015 LIST OF TABLES, FIGURES CHAPTER 1: LEADERSHIP AND MANAGEMENT 1. Table 1.1 : Key Events Presided Over by the Chief Justice, 2013 / 2014. CHAPTER 2: ACCESS TO JUSTICE 1. Table 2.1: Comparison of Pending Cases between SOJAR 2012/13 and JCAS, 2014. 2. Table 2.2: Initiated Cases, Resolved Cases and the CCR by Court Type, FY 2013/14. 3. Table 2.3: Caseload by Court and Case Type, FY 2013/14. 4. Table 2.4: Trend in Caseload by Court and Case Type. 5. Table 2.5: Trend Analysis of Pending by Case Type, Supreme Court, FY 2013/14. 6. Table 2.6: Trend Analysis of Pending Cases in Court of Appeal by Case Type, FY 2013/14. 7. Table 2.7: Filed, Resolved and Pending cases in Employment and Labour Relations, FY 2013/14. 8. Table 2.8: Pending Criminal Cases by Type, Magistrates‟ Courts. 9. Table 3.10: Pending Civil Cases by Type, Magistrates‟ Courts, FY 2013/14. 10. Table 3.11: Pending Cases by Type in Kadhis courts. 11. Figure 2.1: Percentage Caseload by Court Type. 12. Figure 2.2: Caseload by Court Type and Case Type. 13. Figure 2.3: Percentage Increase in Caseload by Case Types, 2012/13-2013/14. 14. Figure 2.4: Percentage Increase/Decrease in Caseload by Court Types, 2012/13-2013/14. 15. Figure 2.5: Percentage Pending Cases by Type in Supreme Court, FY 2013/14. 16. Figure 2.6: Percentage Pending Cases in Court of Appeal by Type, FY 2013/14. 17. Figure 2.7 : Percentage and Absolute Cases by Type Filed in the High Court. 18. Figure 2.8: Percentage Cases by Type Resolved by High Court, FY 2013/14. 19. Figure 2.9: Percentage Pending Cases by Type in High Court, FY 2013/14. 20. Figure 2.10: Percentage of Pending Criminal Cases by Type, Magistrate‟s Courts, FY 2013/14. 21. Figure 2.11: Percentage of Pending Civil Cases by Type, Magistrate‟s Courts, FY 2013/14. 22. Figure 2.12: Percentage Pending Cases by Type in Kadhi‟s Courts, FY 2013/14. CHAPTER 4: INTER-AGENCY COLLABORATION IN THE JUSTICE 1. Table 4.1: Regime for Renewal of Leases 2. Table 4.2: Digitization of Land Records and Processes 3. Table 4.3: Framework for Regulation of Professional in Land Matters 4. Table 4.4: Complaints and Dispute Resolution Mechanism 5. Table 4.5: ODPP Matters 2013 / 2014 6. Table 4.6: ODPP Staff Complement 7. Table 4.7: ODPP Training Programme CHAPTER 5: HUMAN RESOURCE MANAGEMENT AND DEVELOPMENT 1. Table 5.1: Overall Staffing Gaps 2. Table 5.2: Age Profile by Cadre 3. Table 5.3: Positions Filled During 2013 / 2014 FY 4. Table 5.4: Summary of Discipline and Other Cases Handled in 2013/2014 5. Figure 5.1: Summary of Staff In-Post 6. Figure 5.2: Age Analysis 7. Figure 5.3: Employee Education Peak CHAPTER 6: TRAINING UNDER THE JUDICIARY TRAINING INSTITUTE 1. Table 6.1: No. of Judicial Officers Trained (Continuous Judicial Education) Overall Staffing Gaps. 2. Table 6.2: No of Judicial Officers and Staff Trained (Specialized Short Courses) 3. Table 6.3: No of Staff Inducted. 4. Figure 5.1: Summary of Staff In-Post 5. Figure 5.2: Age Analysis 6. Figure 5.3: Employee Education Peak CHAPTER 7: FINANCE AND INFRASTRUCTURE 1. Table 7.1: Judiciary Budgetary Requirement Versus Allocation 2. Table 7.2: Analysis of Recurrent Expenditure 3. Table 7.3: Budget Implementation by Sub-Programme 4. Table 7.4: Absorption Levels for Recurrent Budget 5. Table 7.5: Analysis of Development Expenditure 6. Table 7.6: Large Capital Investment, 2013/2014 7. Table 7.7: Allocation and Expenditure of JPIP funds 8. Figure 7.1: Revenue Allocation to State Organs in 2013/14 9. Figure 7.2: Expenditure Trends (2011/12 - 2013/14) 10. Figure 7.3: Analysis of Allocation 31st December, 2015 THE KENYA GAZETTE 3109 LIST OF ABBREVIATIONS Auctioneers Licensing Board ALB Case Clearance Rate CCR Chief Registrar of the Judiciary CRJ Community Service Order CSO Continuous Judicial Education for judicial officers CJE Council of Governors COG Court Users Committees CUCs Deputy Chief Justice DCJ Judicial Service Commission JSC Judiciary Ombudsperson Office OJO Judiciary Training Institute JTI Judiciary Transformation Framework JTF Judiciary Transformation Support Project JTSP Kenya Association of Manufacturers KAM Kenya Law Reform Commission KLRC Kenya Revenue Authority KRA Learning and Training Committee LTC Medium Term Expenditure Framework MTEF National Council for Law Reporting NLRC National Council on the Administration of Justice NCAJ National Security Advisory Council NSAC National Transport Safety Authority NTSA Office of the Director of Public Prosecutions ODPP Performance Appraisal System PAS Performance Management System PMS Refugee Consortium of Kenya RCK Salaries and Remuneration Commission SRC State of the Judiciary and Administration of Justice Reports SOJARs The Judiciary Performance Improvement Project JPIP --------------------------- CHAPTER ONE LEADERSHIP AND MANAGEMENT 1.1 Introduction and Context Leadership and management arrangements for the Judiciary are provided for in the Constitution and the Judicial Service Act, 2011. The Chief Justice is the head of the Judiciary, President of the Supreme Court, Chairperson of the Judicial Service Commission (JSC) and Chair of the National Council on the Administration of Justice (NCAJ). The Deputy Chief Justice is the deputy head of the Judiciary and Vice- President of the Supreme Court, while the Chief Registrar of the Judiciary (CRJ) serves as the chief administrator and accounting officer of the Judiciary, and is also secretary of the Judicial Service Commission and the National Council on the Administration of Justice.