Day: March 22, 2024

The Chief Justice (CJ) and the President of the Supreme Court Justice Martha Karambu Koome has reiterated her concerns over low funding of the Judiciary which has in turn led to backlog of cases in courts.

Koome revealed that at the end of December 2023, the Employment and Labour Relations courts alone had 9,362 pending cases and out of these pending cases, 7,837 cases had been in court for more than one year.

‘The challenge of backlog cases remains a pressing concern. With a considerable number of cases pending beyond a year, our shared goal must be to intensify efforts to reduce this backlog, ensuring timely justice for all parties involved,’ the CJ said.

To this end, Koome said they are continuously engaging with the other arms of government to ensure that the Judiciary is adequately funded to implement these infrastructural aspirations.

The Judiciary was during the financial year (FY) 2023 / 2024 allocated a budget of Sh. 23Billion leaving a resource gap of Sh.19 billion which translates to 45 per ce
nt of the total resource requirement for the FY 2023/24.

The CJ was speaking in Naivasha during the Annual Conference for Judges of the Employment and Labour Relations court.

Koome also voiced her opposition to the proposed Constitutional Amendment currently pending before Parliament that seeks to merge the two Specialized Courts of Equal Status with the High Court. Jurisprudence to the changing dynamics of the Workplace and the labour market.

She said she had already written to the leaders of Parliament, expressing the Judiciary’s position opposing the mixed-grill approach as proposed in the proposed constitutional amendments as not being the ideal.

‘There was an informed reason why Kenyans during the constitution making process demanded for specialized attention to the areas of employment and labour relations, and also Environment and land and that rationale has not gone away. Moreover, the contribution by the two courts to expeditious delivery of justice and a robust jurisprudence in these areas of spe
cial concern to Kenyans justify the continued existence of the specialized courts,’ the CJ noted.

Koome also commended the Judges of the Employment and Labour Relations courts for what she termed as dedicated and tireless performance that saw the courts reduce the backlog in their courts.

She added: ‘Your tireless efforts have propelled your courts to the forefront of excellence in service delivery, achieving the highest Case Clearance Rate across all courts. The Court’s progress in reducing the rate of adjournments is another achievement worthy of commendation. The rate of adjournments reduced from three per cent that was recorded the previous financial year, to an adjournment rate of 2 per cent of scheduled case events during the first half of this financial year. This reduction signifies a commitment to expediting the judicial process, further enhancing the court’s efficiency,’

The Chief Justice revealed that these courts had a Case Clearance Rate of 166 per cent during the first half of this financial
year, meaning they had not only resolved a significant number of cases but also underscored its efficiency and commitment to reducing the backlog of cases.

Thus these Court resolved 3,414 cases while 2060 cases were filed before the Court during the first half of the financial registrar.

She observed that these Courts` jurisprudence as envisioned by the constitution had contributed to the social transformation and been instrumental in developing jurisprudence that not only addresses contemporary issues at the work place but also sets a benchmark for social Justice; from upholding the rights of marginalized and vulnerable groups to ensuring workplace safety, the court has made significant contributions that resonate with the social justice.

Koome reminded the entire judicial bench and officers that it was incumbent upon every member to foster an environment where integrity is the norm, not the exception, adding that this aligns with their overall aim to make what she called ‘judicial hygiene’ part of the ju
dicial culture.

‘Our goal has been that we should make ethics and integrity become second nature to our institution. We must therefore strive to live a life of integrity and encourage each other in this journey to aspire for higher standards of professionalism. It must start with each individual Judge affirming excellence in service delivery,’ she advised.

The CJ assured the judges that despite the serious budgetary constraints that the judiciary operates under, she and her team were keen to support judges to ensure they work under a conducive work environment.

Cabinet Secretary, Ministry of Labour and Social Protection, Ms. Florence Chepng`etich Bore who graced the occasion said despite the achievements made in ensuring that justice is served in the labour sector, there is a backlog of unresolved cases and advised on the use of Alternative Disputes Resolution.

To this end, the CS said the Court Annex mediation has been particularly useful in restoring peace and order in the labour sector and therefore th
ere was need to enhance our efforts towards this direction.

Ms. Bore said consequently, her Ministry will soon hold a Social Dialogue forum with stakeholders to explore ways and means to achieving the desired results especially within the Pre-court process.

‘It is imperative that we address existing hurdles urgently to ensure that citizens are not denied their constitutional right to access justice and I propose a collaborative effort involving my Ministry, the Office of the Attorney General, the Judiciary, the Office of the Director of Public Prosecutions and other key stakeholders to develop a comprehensive work plan aimed at resolving the gridlock and expediting the resolution of pending cases,’ the CS said.

She noted that by working together, leveraging the collective expertise and resources, Kenya can overcome this challenge and restore the integrity and effectiveness of our judicial system.

Bore said the labour sector was at the throes of a new age in industrial development and the change in the Wor
ld of Work is enormous in terms of the changing nature of Work, Place of Work and Worker.

‘The types of employment, organization of work and employment relationships are quickly evolving and there is no doubt there is a need to adjust the Legal Framework for promotion of justice, equity and industrial peace and harm are at the throes of a new age in industrial development,’ the CS observed.

She added that we must defend and promote labour rights in platform work, remote working and in other typical forms of work arrangement and our laws need to accommodate all workers without difference and to ensure that all workers are afforded dignity, security and fair treatment.

The three – day conference is also being attended by Justice Smokin Wanjal; Director General of the Kenya Judiciary Academy, President of the Court of Appeal; Justice Daniel Isokolo Musinga and Chief Executive Officer (CEO), Federation of Kenya Employers (FKE), Ms. Jaqueline Mugo, the Principal Judge of the Employment and Labour Relations Cour
t, Justice Byram Ongaya and Registrar of the Employment and Labour Relations Court Kennedy Kandet among others.

Source: Kenya News Agency

West Pokot residents have been urged to prioritise matters of environment through increasing forest cover in the region for sustainable development.

Speaking during this year’s International Day of Forests at Kaprech Mixed Secondary School, County Executive Committee Member (CECM) for Water, Environment, Natural Resources and Climate Change Mr. William Petot reiterated the value of trees in balancing the ecosystem calling on the residents to heavily engage in tree planting drives.

Petot appealed to the residents to make tree planting a culture mentioning that his department had prepared tree nurseries that can be distributed to those willing to plant trees on their farms.

‘Today we have launched an important tree planting exercise to commemorate World Forest Day. We have planted 30 trees to mark this day and making an appeal for the residents to follow suit,’ he said.

He highlighted that tree strengthen family ties since they attract rain which is essential for growth of food crops. Petot assured the cou
nty government’s commitment on matters of forest cover noting that recently Governor Simon Kachapin issued fruit seedlings to farmers in an event that was attended by various stakeholders.

‘You are all cognisant of the effects of climate change which has not left out anyone. As a county we are feelings the negative effects of climate change which has been significantly been brought about by our poor management of our forest resources,’ said the water CECM.

He regretted that some parts of the county had lost a huge chunk of indigenous trees through logging and other unsustainable human activities thus leading to soil erosion and landslides especially along the escapements.

Meanwhile the International Tree Foundation (ITF) for African programmes Chief Executive Mr. Wycliffe Matika amplified the value of forests in sustaining humanity citing that Kapkanyar-Kapenguria forest is a trans-boundary resource supporting Cherangany (West Pokot) and River Turkwel (Turkana and West Pokot Border) ecosystem.

‘We are cel
ebrating this day so as to remember the key ecosystem areas which are very important to our livelihoods in the entire republic. Our close ecosystem like Cherangany has iconic trees that are endemic and serves both cultural and economic value,’ said the ITF executive.

Matika regretted that Kenya as a country was not doing well in terms of national tree cover within the East African region.

‘I have been to Tanzania and their total percentage tree cover stands at 50 with Uganda at 15 but here in Kenya we trail at a paltry 12% tree cover with a forest cover of below 10 percent which is about 8.63 trees per land mass,’ stated Matika.

He mentioned that the Cherangany ecosystem was experiencing a worrying trend owing to bad practices that have seen iconic trees disappearing due to destructive human activities.

He appealed to residents to diversify their tree species to adhere to the constitutional requirement of in Article 69 which stipulates those individuals, institutions and other public entities have at leas
t 10 percent tree cover on their farms.

‘Trees like eucalyptus have high agroforestry value but when planted in wrong places, they contribute to the challenges we are experiencing in terms of water scarcity,’ he explained advising residents to consider planting various types of trees on their farms for sustainability.

West Pokot County Kenya Forest Services (KFS) Forest Conservator Benjamin Kore announced that his team will engage stakeholders among them residents in planting more trees during the expected long rains.

He pinpointed that the West Pokot forest cover was still very low as compared to the national average at 8 percent meaning comprehensive tree planting initiatives should be implemented to at least contribute towards the achievement of the 30 percent cover by 2032 as envisioned by the Head of State of State.

‘The government has decreed that as a country we have to plant 15billion trees in the next decade which means every year we need to plant 150 million trees which calls for concerted effor
ts. As of now as a county we have 2million tree seedlings which are ready for planting in the coming rainy season,’ Kore cited.

He also urged residents to plant trees in their homes, in schools, churches and the urban centres like Makutano and all areas. He challenged residents to engage in agroforestry especially in highland areas and indigenous trees in lowland areas for high survival rates.

‘Tree species such as grevillea and fruits for garden farming can be planted along the escapements where soil erosion is prevalent,’ suggested the conservator. He asked those who have encroached into government forests especially in Kapkanyar and Lelan areas to move failure to which they will drive away by force.

At the same time the conservator clarified that even though KFS was giving out tree seedlings, learning institutions have been encouraged to establish their own for sustainability.

A UN funded Non-Governmental Organisation Village Enterprise led by their Conservation advisor Isaac Obongo expressed its commi
tment in working closely with the county government to promote a resilient ecosystem in the region.

‘We are working together with West Pokot County to support tree planting initiatives through our entrepreneurship programmes. Apparently, this project has been implemented for the last three years but we will not leave the project without a sustained component of ecosystem conservation,’ stated Obongo.

He added, ‘Village Enterprise and the UN Women, we are trying to teach women and children about climate change and environment conservation. We are here to give support and partner with Perur Rays of Hope to champion massive tree planting.’

Perur Rays of Hope Director who is also St. Elizabeth Girls’ Secondary School – Morpus Ms. Caroline Menach encouraged residents to own tree planting initiatives being spearheaded by various entities for a better environment.

‘Forests are not just home for wild animals but we human beings benefit directly from trees that is why the international recognition of the day. As P
erur Rays of Hope we are targeting to plant 50 thousand trees at Kapkanyar forest and our schools within the county have heeded to the call of planting trees on their compound en masse,’ she mentioned.

She underscored the value of planting indigenous trees in riparian lands to protect water catchment areas.

Source: Kenya News Agency

Rift Valley Regional Commissioner Abdi Hassan has given eleven influential families herding their livestock illegally in parts of Baringo North 24-hour ultimatum to vacate and return to their original home failure to which unspecified consequence will be instituted.

The regional commissioner maintained that they shall no longer entertain the activities of the owners who have hired the services of armed criminals who instead of herding animals peacefully were wreaking havoc by killing innocent people, maiming and uprooting them from their lands.

Speaking during a presser outside Marigat Deputy County Commissioner’s office after touring Baringo North to assess security situation, Hassan stated that the dangerous armed herders taking care of the hundreds of livestock belonging to the influential families from Tiaty have been issued with warning through local chiefs to move out but they have disobeyed the amnesty given to them.

Hassan flanked by Rift Valley Police Commander Tom Odero and Baringo County Commis
sioner Stephen Kutwa said they suspect that the herders are part of the larger syndicate which for the past three months has been causing untold suffering to residents of Baringo North and South as well as the neighbouring counties of Elgeyo Marakwet, Laikipia, Samburu and Turkana.

‘The Government will take very painful measures which they will remember for a very long time, if they don’t heed vacation orders and advice given to them. We shall deal with them ruthlessly regardless of their social status in society. Let it be known,’ he said.

The RC stated that they are also monitoring very closely activities taking place in a number of markets in Tiaty constituency in a view to taking appropriate action on individuals who are part of the conduit.

Hassan who identified three locations of Sibilo and Yatya in Saimo Soi and Ngorora in Bartabwa wards as the most affected by the cattle rustling and banditry menace said the rest of the county remains relatively peaceful.

He added that security agencies already on
the ground shall not relent in the fight that might take long to ensure that lives and properties of people are safeguarded.

‘We shall dismantle these criminals and ensure we completely destroy and vanquish them, we shall exterminate them until they are no more in order to pacify the region if possible once and for all,’ the Rift valley commissioner said.

An agitated Hassan directed all security officers to dispatch any armed criminal to their final destination saying that the government cannot sit and watch such elements instill fear in innocent wananchi, kill and take away their livestock with impunity.

The RC at the same time added that they are using all means possible to recover all animals stolen since January this year and hidden in notorious areas of Silale, Akwichatis, Naudo and Paka hills.

He encouraged the locals to continue availing crucial leads to security agencies which will be crucial in completion of evidence of some of the individuals who are in their radar.

Source: Kenya News Agency

The Milimani Traffic Court, in collaboration with various stakeholders, has conducted a traffic sensitization exercise to reduce accidents and traffic offenses among road users.

The objective of the event is to foster awareness of traffic rules and regulations and illuminate the court procedures that underpin the legal framework for road safety.

Chief Justice (CJ) Martha Koome said that the collaboration with the court’s stakeholders is a testament to the dynamic spirit and commitment of the court users Committee at the Millimani Criminal Chief Magistrate court. ‘We stand united with a convergence of minds and hearts that aims at forging suitable solutions to the challenges besetting the traffic sector,’ maintained Koome.

She said that the event is an open declaration of the magistrate’s vision to create a safer, more responsible and law-abiding society.

In a speech read on her behalf by the Milimani Chief Magistrate Susan Shitubi, Koome observed that the initiative reflects not only the dedication of ju
dicial officers and court administration but also the invaluable contribution of each stakeholder involved in the noble cause.

The CJ emphasized the exercise as an educational initiative aimed at equipping road users with the necessary knowledge for safe and responsible road navigation. The speaker urged citizens and stakeholders to remember, support, and act on the theme of ‘Remember, Support, and Act’ to honor the lives of those affected by road closures.

‘Let’s support one another through education, enforcement of law, initiatives that promote road safety, understanding and compassion, and acknowledge that each of the people has a role to play and make contributions,’ advised Koome.She noted Action requires remembrance and support from citizens and stakeholders to transform intentions into reality, creating a safer road environment for future generations.

Koome at the same time encouraged citizens to develop a common purpose by not keeping quiet when they see anyone violating traffic rules and regulatio
ns through an initiative ‘Tuajibike barabarani na tusikimye tukiona ukaidi wa sheria’.

Further, the CJ revealed that the Magistrate court is working under the auspices of the National Council on the Administration of Justice (NCAJ) and has put in place NCAJ Traffic Committee chaired by the Director of Public Prosecutions to operationalize on the instant Traffic Fine Reforms which will transform the criminal Justice System yet to be implemented. ‘Let us carry the lessons learnt into our daily lives and be accountable for all the participants on the road,’ she rallied.

Speaking at the event, the National Transport Safety Authority (NTSA) representative Duncan Kibogon disclosed that 1.35 million persons lose their lives through road accidents yearly, citing 3,500 lives being claimed every day according to NTSA records.

He reiterated that road accidents can be reduced by ensuring that all persons adhere to road policies and regulations, adding that road safety is a responsibility not only for the government an
d NTSA but for all citizens.

In his remarks, National Agency for the Campaign against Drug Abuse (NACADA) representative Patrick Obura urged drivers to avoid the use of substances and alcohol while driving in order to prevent road accidents and for passengers to be ambassadors of their own by not accepting to be driven by a drunk driver.

Source: Kenya News Agency

Garissa County Commissioner Mohamed Mwabudzo has urged area residents to join the government efforts in conserving existing forests in the area.

Speaking during the commemoration of the International Day of Forests held at the Garissa High School, Mwabudzo said the current climatic changes would be properly tackled through tree planting of more trees to increase the forest cover. More than 500 trees were planted during the celebration.

‘The national government has a plan for us to plant trees to increase our forest cover but we keep coming up with excuses. Let us not blame lack of water for failure to achieve this vision,’ Mwabudzo said.

‘We have a few people clearing our forestry in the name of creating land for cultivation and extraction of lime. That is very discouraging and we need to stop the same so that we can allow trees to grow,’ he added.

The County Commissioner blamed land grabbers for the ongoing deforestation in Garissa.

He however lauded tree planting initiatives in several schools across
Garissa urging residents to borrow a leave from the learning institutions.

Garissa County Conservator Elphus Wesonga said the county has a forest cover of 11.6 percent with a tree cover at 12.6 percent.

Wesonga cited lack of water as the main challenge in raising the seedlings in Garissa due to harsh climatic conditions.

‘We are encountering resistance from the community when enforcing the law on charcoal. They will never allow their people to be arrested for illegal charcoal production,’ Wesonga said.

The Forestry Department is fighting charcoal burning and deforestation and Dadaab remains the most affected area in the county.

‘Wanton destruction of trees has been done in the Dadaab area and mostly by the refugees coming in from Somalia,’ he said.

The Conservator said the residents in Dadaab are using trees as firewood and charcoal burning.

He said the Kenya Forest Service (KFS) is currently rehabilitating the most affected areas across the county.

Hassan Sheikh Ali, Chairman Hirola Conservancy said
forests remained vital in the ecosystem as they provide shade and food for both humans and animals.

‘Forests are important since we shall have food for our livestock and this will improve market value for the animals,’ he said.

Ali challenged locals to preserve the natural resources including national reserves and conservancies.

Source: Kenya News Agency

Over 92,000 litres of Kangara and 10,000 litres of Chang’aa were destroyed in various parts of the Migori County in a bid to rid the area of illicit brew menace.

Speaking during a forum that brought together multi-agency stakeholders at the Migori Teachers Training College, Migori County Commissioner David Gitonga said that so far 92 people have been arrested in connection with the illicit brew.

Gitonga also affirmed that over 30 wine and spirits outlets have been closed including five pharmacies and three Agro vets as the fight takes shape in the County.

The security agencies in the County have also nabbed over 600 kilogrammes of bhang since the start of the year with Isebania town along the Kenya- Tanzania border being the biggest entry point.

The County administrator said that the National Government Administrative Officers (NGAOs) will continue to work closely with other partners including the National Authority for the Campaign Against Alcohol and Drug Abuse (NACCADA), Kenya Revenue Authority (KRA),
Kenya Bureau of Standards (KEBS) and Anti-Counterfeit Authority (ACA) to formalise and strengthen division and Sub-county teams against illicit brewery and drug abuse.

According to Gitonga, Isebania- Sirare border has become one of the major entry points for counterfeit products, illicit brew and narcotics in the South Nyanza region. He called upon the public to collaborate with the law enforcers and local administrators to nab the culprits and make the county a safe place for future generations.

Migori County Police Commander Francis Nguli applauded the efforts of the police in the fight against the illicit brew and narcotics in the County. Nguli however, called for harsher punishment of the culprits involved in the narcotics business to deter others in the illegal business.

‘If vehicles nabbed transporting narcotics and counterfeits can be forfeited to the state, then the pain of losing a vehicle can deter individuals from venturing into illegal businesses’, proposed Nguli.

However, Migori County Direct
or for Environment Tom Togo urged the NGAO fraternity to engage the National Environment Management Authority (NEMA) while disposing off the narcotics and illicit brew.

He disclosed that some of the nabbed illicit brews were being destroyed by disposing off the content to the rivers that greatly contribute to the water pollution that can endanger the lives of both humans and animals that depend on the same water.

Source: Kenya News Agency