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State of Judiciary 2011-2012
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that many files recorded as pending were no longer active and
could be closed. Although the backlog in the Environment and
Land Division was 5,000, a baseline survey established that 16,907
new cases had been filed between the year 2000 and 2011. Within
100 days, the backlog had been reduced by 3,419 cases. In the
Commercial and Admiralty Division, where a baseline survey
surfaced 29,000 cases, some 27,000 cases were removed from the
backlog. There were similar initiatives in the Constitutional, Human
Rights and Judicial Review, the Criminal and the Family divisions.
Out of the 58,800 cases captured as backlog in these courts, 31,260
were disposed of in just 100 days. In the Constitutional and Human
Rights Division, a baseline survey surfaced 6,000 files and within 100
days a total of 590 case had been cleared.
The Judiciary is initiating a policy requiring that once proceedings
begin, cases are heard back-to-back on a first filed, first heard basis.
The office of the Chief Justice is enforcing deadlines on the writing
of judgments and the hearing of cases. An electronic-based system
will be used to track and monitor overdue judgments and rulings.
1.3 Devolution
Devolution and sharing of power is one of the national values and
principles binding all State organs. Even though the constitutional
architecture of the state places the Judiciary’s functions within
the national government, the obligation to devolve is implied in
these national values and principles. The Judiciary has innovated
mechanisms -- through internal institutional organisation,
recruitment, and delivery of services -- that allow communities
across the country to be part of decision making and to facilitate
more efficient delivery of services. Representation in the Court
Users Committees is robust, and the recruitment of junior cadre
staff has been devolved to the station level. Firms and community
organisations are increasingly being encouraged to bid to provide
supplies and services such as cleaning and security at the court
station level.
Over the past year, the Judiciary has coalesced court stations into
17 administrative regions for efficient and effective administration
(see Annex 2).