Nelson Andayi Havi, the 49th President of the Law Society of Kenya (LSK), has penned a strongly-worded letter to Chief Justice Martha Koome, expressing concern over the disruptions caused by judges being unavailable for scheduled proceedings due to “official duties.”
In the letter dated December 4, 2024, Havi highlighted the plight of litigants and advocates who face delays in the judicial process when judges prioritize other responsibilities over hearing cases. He questioned what duties could be “more official” than addressing cases scheduled before the courts.
Havi reminded Justice Koome of her background as a litigation advocate, emphasizing that advocates rely on timely resolutions to deliver results for their clients. He underscored that the repeated postponements burden litigants and legal practitioners, creating unnecessary stress and frustration.
The LSK President specifically cited three examples to illustrate the extent of the issue:
- Hon. Justice Peter Mulwa has not presided over cases for the past three months, reportedly attending to official duties.
- Hon. Justice Alfred Mabeya, despite his industrious reputation, frequently has matters rescheduled for similar reasons.
- Hon. Justice Evans Makori rarely sits in court due to his constant engagement in official duties.
Havi noted that case decisions often remain undelivered and are absent from the Court Tracking System (CTS). To address these issues, he urged the Chief Justice to delegate administrative and non-judicial tasks to the Chief Registrar and Deputy Registrars.
“Please, let Judges sit in Court and serve the People of Kenya. No duty is more official than for a Judge to sit and determine cases,” Havi wrote.
The letter has sparked debate in the legal community, with many supporting Havi’s call for greater accountability in the judiciary. Observers argue that addressing these challenges is essential for restoring public confidence in Kenya’s justice system.
