The Judiciary has committed to strengthening Kenya’s business climate by encouraging increased investment through building confidence in its commercial justice system, by ensuring quality and efficient commercial justice.
Chief Justice (CJ) Martha Koome said that in their institutional strategic blueprint, ‘Social Transformation through Access to Justice (STAJ)’, they have acknowledged the Judiciary’s essential role in facilitating a conducive economic environment.
“By ensuring cost-effective and efficient dispute resolution, we are committed to enhancing the ease of doing business in our country,” said Koome.
Speaking at a Nairobi hotel on Wednesday during the Chief Justice’s Roundtable with the Kenya Private Sector Alliance (KEPSA), the Chief Justice said that the annual gathering underscores the Judiciary’s recognition of the pivotal role played by stakeholders in enhancing the effectiveness and efficiency of the judicial system.
Now in its third edition, the Chief Justice’s Roundtable was established as a dedicated platform for open dialogue, allowing the Judiciary to gain invaluable feedback and suggestions from the business community.
Koome said that the engagement was crucial as it helped them forge strategic partnerships aimed at bolstering the judicial system’s effectiveness and efficiency.
The CJ explained that the Judiciary has made tremendous progress regarding digitization and automation, saying that over the past year, they have successfully rolled out the e-filing system nationwide in March 2024 after the initial pilot in Nairobi City County from July 2020.
“Since March 2024, all pleadings and other court documents are now filed online in all our court stations throughout the country,” she said.
Koome added that the e-filing platform allows cases to be filed remotely, eliminating the need for physical court attendance by litigants and advocates. It also supports remote court fee assessments, online inquiries about case status, automatic allocation of cases to judicial officers, and convenient downloading of case documents.
“Judges and magistrates can draft, edit, and publish rulings, judgments, and orders online, as well as generate individual case statistics and performance reports through the case tracking Judiciary facing part of the e-filing system,” said Koome.
The CJ said that through the e-filing system, the Judiciary is promoting the integration and interoperability of information systems with other justice sector agencies. The system is already integrated with the Office of the Director of Public Prosecutions, and efforts are underway to incorporate other agencies
“The Judiciary is rolling out a transcription system powered by an Artificial intelligence engine to help in offering transcription support to several court stations with plans to expand nationwide through the establishment of the Judiciary Transcription Centre. This project, which received significant support from KEPSA during its pilot phase under the Ajira Digital Project, aims to accelerate the transcription of court proceedings,” she said.
Koome disclosed that the cause list portal launched in March 2024 provides real-time access to court schedules, enabling all stakeholders to stay informed about upcoming cases, thereby fostering transparency and accountability. This innovation ensures that justice is dispensed timely and in an organized manner.
She added that they have also introduced the Judiciary Data Dashboard which allows the leadership of the Judiciary to monitor, in real-time, the performance of each court and each judicial officer or judge with the click of a button, all from the comfort of our offices.
“Through these initiatives and programmes, we aim to improve Kenya’s ranking and attractiveness as an investment destination by increasing the effectiveness and efficiency of contract enforcement. This will be achieved by reducing the time and cost of dispute resolution through leveraging technology in the administration of justice,” said the CJ.
Meanwhile, Koome said that with regard to waiver of court fees for filing commercial cases not exceeding Sh1 million the Cabinet Secretary for Treasury effected a waiver for a period of two years with effect from 1st April 2020 which period lapsed on 1st April 2022.
“I urge KEPSA to engage the Treasury for a continued waiver of such fees,” said the CJ.
She added that they have revamped the Kenya Judiciary Academy (KJA) into a vibrant institution of continuous learning and collaboration. “We are positioning the Academy to serve as the regional hub for judicial learning and justice dialogues.”
The CJ highlighted that the Judiciary has partnered with the private sector to build the capacity of the Judges and Judicial officers practicing in the commercial courts in tax laws, insolvency and mobile technology.
“The Kenya Judiciary Academy will work closely with KEPSA to identify knowledge and resource gap within the institution to enable a partnership framework which will equip the Judges and Judicial officers with the necessary skills, knowledge and best practice to handle and dispense commercial and tax matters within a reasonable timeframe and ultimately enrich the commercial justice jurisprudence,” said Koome.
