CJ urges MPs to provide legislative framework to streamline Tribunals operations
The National Assembly has been urged to expedite the legislative process to fully transition all Tribunals to the Judiciary. Speaking during the launch of the Tribunals’ Shared Service Infrastructure, Website, and Registry Manual, Chief Justice Martha Koome called on the MPs to expedite the passing of the Tribunal Bill which has delayed the streamlining and operationalization of Tribunals in Kenya.
“I appreciate the government’s efforts in this regard, particularly the Cabinet’s approval of the Tribunals Bill last year. I take this opportunity to urge the National Assembly to expedite the legislative process, which has been pending before the Assembly, to bring this transition to its full conclusion,” said the Chief Justice.
The CJ said 26 Tribunals have successfully transitioned from the Executive to the Judiciary, noting that the impact of the transition was already evident in the impressive performance of the Tribunals, as demonstrated by their Case Clearance Rates. She revealed that in the last financial year, the Tribunals achieved a remarkable Case Clearance Rate of 111%, resolving 15,173 cases compared to the 13,712 cases filed. Notably, the Rent Restriction Tribunal, the Business Premises Rent Tribunal, the Tax Appeal Tribunal, and the Cooperative Tribunal have led the way with the highest clearance rates.
“This excellence is also reflected in the results of the Judiciary Performance Management and Measurement Unit (PMMU), which evaluates Courts and Tribunals annually. During the last evaluation, the Sports Disputes Tribunal, Tax Appeals Tribunal, and Business Premises Rent Tribunal were recognized as amongst the best performers in PMMU. Additionally, I commend the Political Parties Dispute Tribunal for its dedication during the 2022 electoral cycle, where it promptly resolved pre-election disputes, enabling the 2022 general elections to proceed smoothly as planned,” the CJ noted.
Justice Koome said that the Judiciary had envisioned a one-stop home for Tribunals with a centralized location where all resources can be harnessed by providing shared administrative services. She added that it was important to have a single point of access where citizens can easily locate Tribunal services.
“This is a giant step forward in making justice more accessible, enhancing efficiency in service delivery, and ensuring prudent management of our resources. The shared administrative support among Tribunals allows the Judiciary to use its scarce resources more wisely, especially since many Tribunals do not sit on a daily basis,” said the Chief Justice.
The Chief Justice directed that the One-Stop Shop concept of innovative shared services for Tribunals at Kenya Re Towers, be embraced and replicated at all Court Stations to ensure maximum utilization of space. “Tribunals should be able to find suitable space and courtrooms when they visit Court Stations outside of Nairobi during their circuits. Therefore, I urge the Courts Stations to adopt this innovative model of shared services,” she said.
The launch of the Tribunals’ Website, is an initiative aimed at making information more accessible to Kenyans as envisaged under the Judiciary’s Blueprint Social Transformation through Access to Justice (STAJ) which advocates for provision of people-centered justice. Through the website, citizens will be able to access information on how to lodge cases, view cause lists for scheduled hearings, find out when Tribunals will be sitting in towns outside Nairobi, and access other relevant information easily.
The CJ noted that launch of the Tribunals’ Registry Manual will harmonize and standardizes registry operations across all Tribunals and streamline operations and provide greater clarity and consistency in registry processes.
“To ensure that the Tribunals can deliver expeditious and effective services, it is crucial that the appellate processes work efficiently as well. Given the supervisory role of the Superior Courts, I urge that we embrace structured engagement between the Tribunals and the superior courts to enhance the administration of justice,” said the Chief Justice.
CJ Koome said Tribunals hold a unique and indispensable role in the justice system, designed to offer a simplified and specialized avenue for accessing justice which is central to the Judiciary’s strategic blueprint, STAJ, in the promotion of a multi-door approach to justice.
“As we navigate an era of rapid socio-legal evolution, it is imperative that we strengthen and expand these pathways to justice. Tribunals, often the first point of contact for many Kenyans seeking justice, are the grassroots gateways where the voices of our citizens are heard and where they receive the justice they deserve,” said Chief Justice Martha Koome.
Speaking at the launch, Deputy Speaker, National Assembly Gladys Boss said the enactment of the Tribunals Bill, 2023 that is currently awaiting Second Reading by the House will help in rationalizing and regulating the establishment of Tribunals.
“It seeks to streamline the governance and operations of Tribunals; provide a reasonable standard for the establishment of Tribunals; set appropriate qualifications for Chairpersons and members of Tribunals; ensure expeditious settlement of disputes by Tribunals; enhance access to justice; and improve quality of service delivery by Tribunals,” said the Deputy Speaker.
Others who addressed the gathering are Justices Isaac Lenaola of the Supreme Court, Kathurima M’Inoti of the Court of Appeal and Alfred Mabeya of the High Court.
