In a hurry? Here’s a quick summary…
- Former LSK President Nelson Havi has written to Chief Justice Martha Koome, criticizing Justice Lawrence Mugambi for delays in delivering judgments, citing systemic inefficiencies in the judiciary.
- Havi urged the CJ to address absenteeism and non-judicial assignments among judges, warning of declining public confidence in the judiciary.
Former Law Society of Kenya (LSK) President Nelson Havi has formally complained to Chief Justice Martha Koome about delays in delivering judgments by Justice Lawrence Mugambi.
In a letter dated Friday, December 6, Havi noted that Justice Mugambi had listed seven judgments for delivery on the same day but only delivered two.
Justice Mugambi attributed the delay to a bout of flu, which Havi questioned, citing the prolonged timeline of six months since the judgment in his case was scheduled.
“He agreed but offered an alternative explanation of workload pressure. I decided to let it go. There’s no point challenging a sick judge,” Havi remarked in the letter.
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Havi expressed his dissatisfaction with the handling of judicial matters, urging CJ Koome to monitor the conduct of judges. He highlighted that cases of delayed judgments have become alarmingly common in Kenyan courts.
Justice Mugambi reportedly promised to deliver the remaining five judgments on notice, with some expected during the Christmas holiday and one slated for April 10, 2025.
Havi pointed out that securing the December 6 date for judgment delivery itself had been a drawn-out process, taking 146 days since July 11, 2024.
Beyond delays, Havi also criticized the frequent absence of judges, often attributed to official duties. He blamed the judiciary’s leadership for assigning non-judicial tasks that disrupt court schedules.
“The ultimate responsibility for this sorry state of affairs lies with you, my Lady, the Chief Justice, as you authorize such assignments,” Havi wrote.
Havi called for urgent reforms, warning that the judiciary’s image among Kenyans was deteriorating.
“It is imperative that you address these issues to restore public confidence in the Judiciary. I hope I won’t have to write to you about this again,” he concluded.
By law, courts are required to issue judgments in civil cases within 60 days. However, Havi’s complaint underscores a deviation from this mandate.
Notably, he had written another letter to the CJ on Thursday, December 5, raising similar concerns about Justice Alfred Mabeya’s delays in delivering judgments.
Havi’s repeated appeals highlight the growing frustrations among Kenyans with the judiciary’s inefficiency, urging swift action to address systemic failures.