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    JLAC State of Judiciary RPT 2017-2018

    Uploaded by

    Brian Omari

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    © All Rights Reserved
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    freee wen mf cere loveno9 0 Son ‘TWELFTH PARLIAMENT — THIRD SESSION ‘THE DEPARTMENTAL COMMITTEE ON JUSTICE AND LEGAL, AFFAIRS REPORT ON THE CONSIDERATION OF THE 2017/2018 REPORT OF ‘THE JUDICIARY ON STATE OF THE JUDICIARY AND THE ADMINISTRATION OF JUSTICE, DIRECTORATE OF COMMITTEE SERVICES ‘CLERK'S CHAMBERS. PARLIAMENT BUILDINGS. NAIROBI MAY, 2019 ‘Table of Contents ABBREVIATIONS AND ACRONYMS. 5 PARTI 10 1.0. PREFACE. vl LL. Mandate of the Committee. 10 1.2. Committee Membership. 4 1.3. Committee Secretariat... 7 sensed PART2 14 2.0 CONSIDERATION OF THE STATE OF THE JUDICIARY AND THE ADMINISTRATION OF JUSTICE ANNUAL REPORT (2017/2018)... 2.1. Chapter 1: Leadership and Management soul 21.1 Committee's observations 16 2.1.2 Committee's recommendations samnennsnnseend 2.2. Chapter 2- Access to Justice. a 22.1 Committee's observations. eT) 2.2.2 Committee's recommendations. a seed 23. Chapter 3- Access to Justice~ Tribunals 120 23.1 Committee's observations. — 2 23.2 Committee's recommendations ....essne 21 24. Chapter 4- Jurisprudence. 21 24.1 Committee's observations. 2 2.4.2 Committee's recommendations. 23 2.5. Chapter $- Human Resource Management and Development 24 25.1 Committee's observations. . 2s 25.2. Committee's recommendations... 26 216. Chapter 6 Trning and Capacity Building within the Tui: The Judiciary Training Institut. 26 27 26.2 Committee's recommendations, 27 2.7. Chapter 7-Infiastructite ssnossnsninnnns DB 29 30 26.1 Committee's observations. 2.7.1 Committee's observations... 2.7.2 Committeo's recommendations... age 2037 2.8. Chapter 8 Digital Strategy senna 28.1 Committee's observations. 31 282 Committee's recommendations 31 29. Chapter 9- Finance and Accounts. sonnnnene dD 2.9.1 Committee's observations. 33 2.92 Committee's recommendations . 34 2.10. Chapter 10- The State of the Agencies and Collaboration in the Justice Sector 35 2.10.1 Committee's observations, 35 2.10.2 Committee's recommendations... 36 age 3.037 Annexure 1: Annexure 2: Minutes of the Committee on sittings considering and adopting the Report List of Members who attended the Sitting that adopted the report age 4037 cal CLE COA, CoG cucs DBs: Dor EACC ECE ELC ELRC ESAML FIDA Kenya FIDAK FY GILOS Hon HRMAC Icr TEBC IMIS IMC 1POA, ICE se asc KHRC KLRC KMIA KNCHR, KPS ABBREVIATIONS AND ACRONYMS Commission on Administrative Justice ‘Council for Legal Education Court of Appeal Council of Governors ‘Court Users Committees Directorate of Building Services Department of Justice Ethics and Anti-Corruption Commission Early Childhood Education Environment and Land Court, Employment and Labour Relations Court Eastern and Southern Africa Management Institute Federation of Women Lawyers Kenya Federation of Women Lawyers in Kenya Financial Year Governance Justice Law and Order Sector Honourable Human Resource Management Advisory Committee Information and Communication Technology Independent Electoral and Boundaries Cemmission Integrated Financial Management Integraled System Implementation and Monitoring Committee Independent Police Oversight Authority Judiciary Committee on Elections Judicial Performance Improvement Project Judicial Service Commission Kenya Human Rights Commission Kenya Law Reform Commission Kenya Magistrates and Judges Association Kenya National Commission on Human Rights Kenya Prisons Service Legal Resources Foundation Member of Parliament ‘National Council for the Administration of Justice ‘National Council for Law Reporting, National Police Service ‘National Transport and Safety Authority age $037 oaG ‘oper PAS PMMSC sit Office ofthe Attorney General = Office ofthe Director of Prosecutions Probation and Aftercare Services Performance Management and Measurement Standing Committees Sustaining Judiciary Transformation Page 637 CHAIRPERSON’S FOREWORD. ‘The Seventh Annual State of the Judiciary and the Administration of Justice Report covers the period from July 1, 2017 to June 30, 2018 and was tabled in the House by the Leader of Majority Party on March 28", 2019. The report was prepared pursuant to the provisions of Section 5(2) (b) of the Judicial Service ‘Act No.1 of 2011 which requires the Chief Justice to submit to the Clesks ofthe National Assembly and the Senate, a report on the State of the Judiciary and the ‘Administration of Justice to be placed before Parliament for debate and adoption. Upon tabling, the report was committed to the Departmental Committee on Justice and Legal Affairs for consideration and report to the House. ‘The Committee considered the State ofthe Judiciary and the Adisinistration of Justice Report for the year 2017/2018 concurrently with the Report for the year 2016/2017. This was done in order to save on time, resources and avoid ‘duplication of work since the matters the Committee was considering in the two reports were the same. For this reason, most of the observations and recommendations made by the Committee in the reports for the two years are similar. ‘The Committee held six (6) sittings considering the Sixth Annusl State of the Judiciary and Administration of Justice Report for the year 2017/2018. While considering the report, Chief Registrar of Judiciary accompanied by other Senior Officers ftom the Judiciary appeared before the Committe on 2 May, 2019 and was interrogated on issues in chapters of the report. The Committee ‘unanimously considered and adopted its report at its siting of 4" May, 2019, ‘While considering the report and making recommendations, the Committee was guided by the existing procedures and modalities of operations of the National Assembly derived from the Constitution of the Republic of Kenya, Acts of Parliament, the National Assembly Standing Orders, conventions, practices and rulings ofthe Speaker. The Committee wishes to express its sincere gratitude to you for the support the House under your leadership accorded it in the consideration of the report Judiciary report and compiling this report. The Committee also wishes to appreciate the technical and logistical support accorded to it by the Office ofthe Clerk of the National Assembly and its secretariat, 1 also wish to express my sincere gratitude to Committee Members for their devotion and commitment to duty without which the consideration of the Judiciary report and compilation of this report would not have been possible. On behalf of the Departmental Committee on Justice and Legal Affairs and pursuant to the provisions of Standing Order 199(6), it’s my privilege and duty to present to the House a report of the Committee on its consideration of the State of the Judiciary and Administration of Justice Report for the year 2017/2018, Signed. HON. WILLIAM K. CHEPTUMO, M.P. CHAIRPERSON, DEPARTMENTAL, “TEE ON JUSTICE AND LEGAL AFFAIRS Page sof37 EXECUTIVE SUMMARY ‘The Sixth Annual State of the Judiciary and the Administration of Justice Report for 2017/2018 was tabled in the House on March 28%, 2019. The report ‘was prepared pursuant to the provisions of Section 5(2) (b) of the Judicial Service Act, No.1 of 2011, which requires the Chief Justice to submit to the Clerks of the National Assembly and the Senate a report on the State of the Judiciary and Administration of Justice to be placed before Parliament for debate and adoption. This report contains ten (10) Chapters which the Committee interrogated the Judiciary in order to write this report. The Chapters are; Leadership and Management, Access to Justice in Courts, Access to Justice in Tribunals, Jurisprudence, Human Resource Management and Development, Training and Capacity Building within the Judiciary, Infrastructure, Finance and Accounts, Digital Strategy and The State of Agencies and Collaboration in the Justice Sector. Among the key recommendations the Committee has made inthe report are (The Judiciary should take necessary action to ensure the Office of the Judiciary Ombudsman is anchored in legislation; i) The National Assembly and National Treasury should ersure adequate budgetary allocation to the Judiciary to enable it address several issues facing it, most notably for, development of infrastructure and hiring of ‘more Judges and Magistrates to clear case backlog; Gil) The Judiciary should develop a policy or draft legislation for enactment providing for timelines within which cases should be heard to address the issue of ease backlog and instil public confidence in courts of law. Gv) The Attomey-General should submit to the National Assembly for enactment the Tribunals Bill which addresses many issues facing tribunals especially the unwillingness by Ministries to transfer forty (40) Tribunals to the Judiciary whieh is mandated by the to be in their charge; Page 9037 (¥) Agencies and institutions under the umbrella body of tie National Council on Administration of Justice should invest in one (1) training instiute to save on costs as opposed to each agency wanting t0 establish its own training institution PARTI 1.0 PREFACE 1.1. MANDATE OF THE COMMITTEE, ‘The Departmental Committee on Justice and Legal AMfairs derives its sndate from Standing Order No. 216(5) which provides for the functions of Departmental Committees as follows- (@) investigate, inquire into, and report on all matters relating to the mandate, management, activities, administration, operations and estimates ofthe assigned ministries and departments; (©) study the programme and policy objectives of ministries and

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