High Court Judge Muteti decries judicial officer shortage

High Court Judge Alexander Muteti has raised concern over the chronic shortage of judicial officers, warning that without adequate staffing, justice will remain elusive for many Kenyans.

Speaking during an event to mark the Day of Delayed Justice, Justice Muteti described the current state of affairs as unsustainable, citing that only 96 High Court judges are tasked with handling a staggering number of cases.

"Sixty-three years after independence, how do you run a judiciary with just 96 judges?" he posed.

He revealed that each High Court judge is currently managing up to 450 cases annually — a load he said significantly hinders the timely delivery of justice.

"At that rate, a judge will do very little in a year," Muteti observed during the event organised by the International Justice Mission. 

While acknowledging that technology has played a role in easing the burden, he insisted it cannot replace the need for sufficient human resources. He noted that although efforts are underway to recruit at least 20 more judges, the number is grossly inadequate.

"That’s just a drop. If you don’t have the numbers, then you don’t have a solution,” he said.

Justice Muteti praised the adoption of virtual courts, which now account for nearly 70 percent of proceedings, as a crucial innovation. He challenged the Office of the Director of Public Prosecutions (ODPP) to embrace remote testimony from witnesses to further reduce delays.

"Time has come that you don’t have to transport witnesses to Nairobi or any court to testify," he said. "Why not log in from your offices and let them testify remotely? It removes delays and frustrations."

The judge also urged collaboration between the Independent Policing Oversight Authority (IPOA) and the Witness Protection Agency in cases involving police brutality and extrajudicial killings.

"If IPOA investigates cases and your witnesses are roaming around in town, you will fail. Witnesses must be protected to give evidence freely," he said. “Many are afraid of testifying against police officers; those are real-life challenges we must address.”

At the same event, IPOA Chairperson Ahmed Isaack Hassan echoed Justice Muteti’s concerns, citing deep-rooted resistance within the police service.

“The police force has not fully accepted civilian oversight,” Hassan said. “We still have a long way to go. Having civilian investigators is in itself a challenge, and we face a lack of cooperation in many instances.”

He said IPOA often encounters only temporary cooperation, and only when a case has gained substantial public attention.

"You will see temporary openness when the matter is of public interest, but that fades quickly," Hassan noted.