Chief Justice (CJ) Martha Koome has presided over the swearing-in of sixty-nine newly recruited resident magistrates to serve as Small Claims Court adjudicators.
Koome described Magistrates’ Courts and Small Claims Courts as “people’s courts” and “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 it criminal, traffic or civil cases – that come to the justice system are heard and resolved,” she said.
According to caseload statistics published by the CJ, subordinate courts hear and decide 85% of the cases that are submitted to the judiciary.
She emphasized that the most unrepresented litigants are found in the Magistrates Court and the Small Claims Court, which means that the vast majority of people's knowledge of the law and the legal system comes from their contact or interaction with the Magistrates' Courts and the Small Claims Courts.
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“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 noted.
Further, the CJ called upon 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,” Koome said.
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 conclusion once set down for hearing,” she added.
She emphasized 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 judgments within the stipulated statutory timelines after hearing,” she said.
She urged them to familiarize themselves with the ‘Code of Judicial Conduct and Ethics’ and make the ‘Code’ a guide in all actions.
