It's time to influence how justice system responds to your needs

Opinion
By Winfridah B. Mokaya | Sep 23, 2026
Kenyans are urged to shape the future of justice through public participation. [Courtesy]

Access to justice is not simply about the existence of courts. It is about ensuring that justice is accessible, timely, efficient, accountable and responsive to the needs of the people. Achieving this requires sustained investment in judicial services, infrastructure, technology, human resources and institutional systems. Equally important is ensuring that the voices and experiences of those who interact with the justice system inform the decisions that shape their future.

It is in this spirit that the Judiciary and the Judicial Service Commission (JSC) are inviting members of the public and other stakeholders to participate in the development of the Financial Year (FY) 2027/28 (Budget and Medium-Term Expenditure Framework proposals. The public participation forums commenced in Lamu County yesterday. They will be followed by physical forums in Marsabit, Kajiado, Kericho and Dagoretti, Nairobi, providing citizens and justice sector stakeholders an opportunity to share their experiences, concerns and priorities regarding the delivery of justice.

Public participation in public finance is not merely an administrative exercise; it is a constitutional principle. Article 201 of the Constitution requires openness, accountability and public participation in financial matters. Consistent with this obligation, the Judiciary and the JSC have mainstreamed public participation across their functional areas, recognising that the administration of justice is strengthened when those who use the system contribute to its improvement.

The FY 2027/28 engagement therefore provides an important platform for identifying emerging justice needs, highlighting service delivery challenges and determining areas requiring greater investment. The views received will inform resource requirements and budgetary priorities, particularly where investment can improve access to justice and strengthen judicial services.

This process takes place against a record of prudent financial management. Over the past three financial years, the commission has maintained an average budget absorption rate of 98.98 per cent, reflecting its commitment to translating allocated resources into programmes that advance its constitutional mandate. Its financial management practices have also received recognition, including the FiRe Award for Best Constitutional Commission and Independent Office in Financial Reporting for FY 2023/24, commendation for clean audit reports from the National Treasury, and recognition as First Runner-Up in Wage Bill Management for FY 2024/25 among Constitutional Commissions and Independent Offices.

Beyond financial stewardship, resources have translated into tangible improvements in access to justice. In FY 2025/26, the Judiciary resolved 576,162 cases against 561,580 new filings, achieving a case clearance rate of 103 per cent. Technology and innovation have further expanded access. Through Mahakama Popote, judicial capacity has been deployed virtually across court stations experiencing higher caseloads, reducing the need for relocation of judicial officers and unnecessary travel by litigants. During the year, 22,516 matters were resolved through the initiative. Mobile courts and court circuits similarly brought justice closer to underserved communities, resolving more than 10,000 cases during the last financial year.

The commission has complemented these interventions by strengthening the Judiciary’s human-resource capacity. During the period under review, it appointed 73 judges, 234 judicial officers and 1,997 judiciary staff. This supported the expansion of judicial services and operationalisation of new court stations, including two new Courts of Appeal in Kakamega and Meru. Magistrates’ courts increased from 143 to 167, while small claims courts expanded from 40 to 55.

Accountability remains equally central to an effective justice system. The commission heard and concluded 320 petitions and complaints against judges, representing a clearance rate of 60.2 per cent, while 44 disciplinary matters involving Judiciary staff were concluded. It also approved 27 policies and guidelines to strengthen institutional performance, supported 48 capacity-building programmes for judges and judicial officers through the Kenya Judiciary Academy, and conducted 47 stakeholder engagement forums to promote dialogue and feedback on the administration of justice.

Despite this progress, significant resource constraints remain. For FY 2027/28, the Judiciary requires Sh50.7 billion against an indicative allocation of Sh30.4 billion, leaving a financing gap of approximately Sh20.4 billion. The commission requires Sh1.833 billion against an indicative allocation of Sh1.038 billion, resulting in a gap of approximately Sh795 million. Bridging these gaps will require continued engagement with the National Assembly, the Executive, development partners and other stakeholders to secure adequate and sustainable financing for critical programmes.

Guided by the Social Transformation through Access to Justice (STAJ) Blueprint, the Judiciary will prioritise reducing case backlog and improving case clearance; expanding pathways to justice through Alternative Justice Systems and mediation; strengthening preparedness for dispute resolution arising from the 2027 General Election; leveraging technology and automation; improving court infrastructure; strengthening human-resource capacity; and advancing innovations that improve the citizen experience.

JSC’s medium-term priorities will similarly focus on recruiting and recommending qualified persons for appointment as judges, judicial officers and Judiciary staff; strengthening complaints management; accelerating digital transformation; supporting continuous professional development; and strengthening institutional policies, internal controls and prudent utilisation of public resources.

Particular attention will be given to the backlog of complaints, an area of concern among members of the public and stakeholders. During the current financial year, the Commission will implement a Rapid Results Initiative to expedite the processing and resolution of pending complaints. The complaints management process will also be progressively automated to improve efficiency, transparency, accountability, case tracking and timely decision-making.

The FY 2027/28 budget process therefore represents more than an exercise in allocating resources. It is an opportunity for Kenyans to influence how the justice system responds to their needs. Members of the public are encouraged to participate in the scheduled forums and submit written memoranda identifying challenges, services requiring improvement and areas where investment can have the greatest impact.

The commission will consider the feedback received in determining priorities and resource allocation. Where proposals require policy or institutional interventions, appropriate measures will be considered; where additional resources are necessary, priorities will be rationalised and engagement undertaken with the National Assembly, the Executive and other partners.

Public participation is ultimately about giving citizens a meaningful voice in shaping the institutions that serve them. The Judiciary and the JSC therefore invite Kenyans to participate, share their experiences and contribute ideas towards a justice system that better responds to the needs of the people.

Your voice matters. Your participation matters. Together, through constructive dialogue and shared responsibility, we can continue to strengthen a Judiciary and a JSC that are responsive, efficient, accountable and accessible to all.

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