Abstract

In this paper, I identify major challenges experienced by Kenya’s Judiciary that relates directly to the performance of its constitutional functions. I discuss major concerns on its judiciary’s budgets, which part of the court system bears the brunt of cases. I measure the efficiency of the judicial officers by the magistrates court, Kadhis court, high court, court of appeal and the most apex court, supreme court. each magistrate annually resolved 827 cases or 5 cases every two days. Employment and Labour Relations Court solved 352 cases per judge followed by the Environment and Land Court at 239 cases and the Court of Appeal at 68 cases. The supreme court resolved one case every month. The most efficient court is the Magistrates court. I also study the pending decisions to appoint Judges by the President and find that the delayed decision to appoint 41 judges has constrained the effectiveness of the Employment and Labour Relations Court, Environment and Land Court, and Court of Appeal collectively by 71%.

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