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10 July 2017

Kenya Government Gazette dated 2017-07-10 number 93

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SPECIAL ISSUE




             THE KENYA GAZETTE
                                        Published by Authority of the Republic of Kenya
                                                       (Registered as a Newspaper at the G.P.O.)


Vol. CXIX—No.93                                       NAIROBI, 10th July, 2017                                                       Price Sh. 60

GAZETTE NOTICE NO. 6669

          STATE OF THE JUDICIARY AND THE ADMINISTRATION OF JUSTICE ANNUAL REPORT2015 — 2016

FOREWORD

The State of the Judiciary and Administration of Justice Report (SOJAR) is produced in compliance with Section 5(2) (b) of the Judicial Service Act,
which requires the Chief Justice to prepare, gazette and submit the Report to Parliament for debate and adoption. This is the 4th SOJARintheseries,
and it covers the 2015/2016 financial year.

This edition of the Report is coming out slightly late, largely because its productionfell in between the leadership transition in the Judiciary when the
Chief Justice, Hon. Dr. Willy Mutunga,retired in mid-June 2016 - which was before the end of the reporting period, while I assumed office later in
October 2016 — which was well after the reporting period. This report therefore covers a period before I became Chief Justice and a short period
whenthere was no Chief Justice in office. Nevertheless, in order to comply with the obligations of the law and the constitutional imperative of public
accountability, I am happy to release it under my hand. I am, in this respect, ‘holding brief’ in reporting the successes and developments in the
Judiciary and in justice sector in the FY 2015/2016.

The very fact that the 4th edition of SOJAR is coming out in my handis testimony to the successful transition that the Judiciary has made from one
Chief Justice to another. I wish to commend the Judicial Service Commission (JSC) for successfully managing this transition in a credible and
professional manner, and for giving the Kenyan people confidence and comfortin the stability of this important institution.

The 4th edition of SOJAR marks a major milestone in the history of the Judiciary as it comcides with the end of the first phase of the Judiciary
transformation programme, which commencedin 2012. Therefore, it is both the traditional annual report of the FY2015/16, as well as a report of the
tremendous progress that has been madeoverthe last five years under the Judiciary Transformation Framework (JTF) whose brief scorecard I attach
at the end of this document. I wish to thank the immediate former Chief Justice for his leadership, service and achievements during that period, and
for putting the Judiciary on a strong transformational path.

Indeed, when one examines all the major indices of transformation, significant progress has been made. For example, case backlog has reduced from
over 1 million in 2011 to 499,341 in 2016; the number of judges has increased from 53 to 136; Court of Appeal judges from 11 to 25; magistrates
from 316 to 424; Kadhis from 15 to 56. The number of High Court stations has also risen from 14 to 35; the Court of Appeal has been decentralised
from only 1 station in Nairobi to 4 stations in four counties in the country; mobile court stations have increased from 15 to 52; the infrastructural
development has been phenomenal with over 100 court constructions going on some of which have been completed; the Judiciary Training Institute
has been revived; several key policy documents have been developed, including policies on human resource management, finance, transfer policy for
judges, judicial officers and staff; bail and bond policies; sentencing policy guidelines; performance management has been institutionalised; the
Judiciary Fund established; the remuneration and terms and conditions of service for employees vastly improved.

Further, the Judiciary’ s budget has increased from Kshs. 9 billion to Kshs. 16 billion; revenue collection has shot up from Kshs. 500 million annually
to Kshs 2.1 billion. A learning culture has been established evidenced by significant shifts in the education profile of the Judiciary staff: there has
been a remarkable 124% increment in the number of employees now holding university degrees. A total of 9 magistrates and staff have benefitted
from the Chief Justice Scholarship Initiative and JTI now conductsat least 65 training sessions every year up from a mere 5 trainings five years ago.

Beyond the quantitative figures, the Judiciary has also changed qualitatively. Culturally, the institution has become more open and friendlier to the
public and has forged very productive partnerships with a wide range of stakeholders in the private and public sectors, civil society organizations and
development partners. Importantly, the Judiciary has asserted its independence as a co-equal arm of governmentand has courageously upheld and
protected the Constitution, 2010 throughits jurisprudential pronouncements and public posture.

This well-beaten path of success and transformation is one we cannot afford to depart from. It is for this reason that I have christened my Blueprint,
“Sustaining Judiciary Transformation: A Service Delivery Charter”, in order to build on the gains already made but enhance the quality of the
services we offer to the public.



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