New CoA President vows to ‘attack’ injunctions and stays in bid to resolve delayed appeals

Jukwaa

📻 Breaking It Down

Speaking after assuming office on Thursday, Kairu acknowledged the scale of the task ahead, revealing that the Court of Appeal is grappling with 11,621 pending civil appeals nationwide, while Nairobi is only now hearing appeals filed in 2020.

He identified applications filed under Rule 5(2)(b), which seek injunctions or stays of execution pending appeal, as a major contributor to delays, with 879 such applications pending in Nairobi alone.

“They are the famous 5(2)(b) applications that have bogged down the Court and derailed it from discharging its core mandate. As a short-term measure, with a long-term strategy, we shall attack those applications with an objective of becoming real time,” Kairu said.

📌 What You Need to Know

The ceremony, held at the Supreme Court grounds in Nairobi, marked Kairu’s formal assumption of office as President of the Court of Appeal, succeeding Justice Daniel Musinga.

Chief Justice Martha Koome said the court has undergone significant expansion over the past five years, doubling its permanent stations from four to eight with the establishment of benches in Nakuru, Eldoret, Meru and Kakamega.

She said the appointment of fifteen judges earlier this year has increased the Court of Appeal bench from thirteen judges in 2021 to forty-one judges, the largest complement in its history.

“In 2021, it had thirteen judges. Today, following the appointment of fifteen additional judges earlier this year, it has forty-one judges, the largest complement in its history,” Koome said.

The Chief Justice noted that annual appeal filings had nearly doubled during the same period, rising from 2,834 to 5,431 cases.

Despite the increased capacity, she said the court closed the last financial year with 16,436 pending appeals, of which 9,954 cases—about 61 per cent—constituted backlog.

📰 Source: Capital FM Kenya

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