Protests and the Judiciary: A Transformative Impact

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The Judiciary Faces Challenges Amid Protests and Underfunding

The judiciary in Kenya has faced significant challenges, particularly in the wake of public protests that have led to physical attacks on court facilities. These incidents have not only damaged infrastructure but also disrupted judicial operations and threatened the stability of the legal system.

During last year’s widespread protests, which were sparked by opposition to the controversial Finance Act, 2024, demonstrators targeted key judicial institutions. One of the most notable incidents involved the vandalism of the Chief Justice’s offices at the Supreme Court building. The office of Chief Justice Martha Koome suffered substantial damage, requiring extensive repairs that took several months to complete. This destruction was a clear sign of the growing tension between the judiciary and certain segments of the population.

In addition to the physical damage, the judiciary was forced to scale back its programs due to budget cuts. The suspension of the Finance Act had a direct impact on funding, leading to reduced resources for various initiatives. Among the affected projects were the ongoing construction of court stations across the country, judicial training programs, and the recruitment of new judges. At one point, the recruitment process had reached an advanced stage, with advertisements published, candidates shortlisted, and interviews scheduled. However, the Treasury issued a circular that limited expenditure to only critical and essential services, forcing the Judicial Service Commission (JSC) to suspend all pending recruitments, including the hiring of 11 judges for the Court of Appeal.

This directive had far-reaching consequences on the operations of the judiciary. In response, Justice Koome highlighted the need for major adjustments to planned programs and activities. According to the Judiciary’s State of the Judiciary report, the institution has been operating at only 68% of the approved establishment as of June 30, 2024. While the Supreme Court has the required number of judges, other courts face severe shortages. For instance, the Court of Appeal has 28 judges out of the required 70, the High Court has 95 judges out of the required 200, and the Environment and Land Court (ELC) has 52 judges against a target of 63.

The judiciary has consistently raised concerns about underfunding and recurrent budget cuts, which have hindered the full implementation of its core programs. Justice Koome noted that several courts continue to operate under serious constraints, including shortages of judges and judicial officers, heavy caseloads, inadequate infrastructure, and significant gaps in human and financial resources.

One of the judiciary's strategic goals is to ensure that no Kenyan lives more than 100 kilometers from a court. During the opening of the Kombewa Law Courts in Kisumu County, Justice Koome emphasized her vision to establish a magistrates’ court in each of the country’s 290 constituencies. She noted that Seme became the 143rd constituency to have a magistrates’ court, but 147 constituencies still lack such facilities.

A year later, during the first anniversary of the Gen Z protests, the judiciary was once again targeted. This time, the attacks focused on newly established Dagoretti law courts, as well as the old Ol Kalou and Kikuyu law courts. Justice Koome condemned the destruction, describing it as an affront to the constitution and the rule of law. She emphasized the importance of courts as neutral spaces where disputes are resolved and rights are upheld, stating that targeting these institutions undermines the foundation of democratic and legal order.

Despite the destruction, the judiciary has not lost its resolve. Justice Koome expressed sympathy for peaceful protesters who lost their lives and businesspeople who suffered property damage. She called for a review of the law to prevent criminal elements from exploiting the right to protest. She also reassured the public that digital records of court proceedings remain secure, even if physical files were destroyed.

The judiciary continues to work towards rebuilding public trust. During the swearing-in of new Independent Electoral and Boundaries Commission (IEBC) commissioners, Justice Koome highlighted the growing perception that public agencies have become disconnected from the people they serve. She stressed the importance of addressing this trust deficit, which threatens the foundations of democracy, social cohesion, and constitutional order.

Recently, the Judicial Service Commission (JSC) announced the recruitment of 45 new judges for the Court of Appeal, High Court, and Environment and Land Court (ELC). Vacancies include 15 judges for the Court of Appeal, 20 for the High Court, and 10 for the ELC. These steps signal the judiciary’s commitment to restoring confidence and ensuring access to justice for all Kenyans.