President Ruto swears in seven Court of Appeal judges to address judicial backlog

President William Ruto presided over the swearing-in ceremony of seven judges to the Court of Appeal on Wednesday, a move intended to bolster the capacity of the second-highest court in Kenya. The ceremony, held at  the State House in Nairobi, follows the formal appointment of the judicial officers via a Gazette notice issued on May 23, 2024. The appointments were made based on recommendations submitted by the Judicial Service Commission (JSC) after a rigorous recruitment process.

The newly inducted judges include Justice Joyce Aluoch, Justice Kibet Chumo, Justice Lydia Achode, Justice Luka Kimaru, Justice Abida Ali Aroni, Justice John Mativo, and Justice Frederick Ochieng. These individuals transition from the High Court, bringing experience across various legal divisions that often intersect with the construction and infrastructure sectors, including commercial and constitutional law.

During his address at the ceremony, President Ruto emphasized the necessity of a functioning judiciary in protecting the rule of law and facilitating national development. He specifically pointed to the growing number of legal challenges that have halted several large-scale government projects. Construction works across various sectors, including housing and transport, have faced delays due to court injunctions and protracted litigation. The President noted that while the right to litigate is constitutional, the judicial system must balance these rights against the public interest in seeing essential infrastructure completed within set timelines.

The Court of Appeal has been operating under a heavy caseload for years, often leading to delays in the resolution of disputes. In the construction industry, such delays frequently result in cost overruns, contractual disputes, and the deterioration of partially completed structures. By increasing the number of judges on the bench, the JSC expects to reduce the average time it takes to hear and determine appeals, providing much-needed certainty for investors and contractors.

Chief Justice Martha Koome, who was present at the ceremony, has previously highlighted the shortage of judges as a primary bottleneck in the delivery of justice. The addition of these seven judges is part of a broader strategy to expand the judiciary’s human resource capacity. The JSC has been actively pushing for the full complement of judges in the Court of Appeal to be realized, as the current numbers have historically fallen short of the statutory requirement.

The President also touched on the independence of the judiciary, stating that his administration would respect the decisions of the court while also expecting the courts to be mindful of the government’s executive mandate. He urged the new judges to serve with integrity and to ensure that the courts are not used as a tool to frustrate legitimate development goals through frivolous litigation.

From a technical perspective, the efficiency of the Court of Appeal is vital for the construction sector because it serves as the final arbiter for many commercial disputes that do not meet the threshold for Supreme Court intervention. Issues such as land acquisition for road projects, procurement disputes for major civil engineering works, and environmental impact assessment challenges often end up in this court. A faster turnover of cases could potentially lower the risk profile of Kenyan infrastructure projects for international financiers.

The swearing-in comes at a time when the government is under pressure to deliver on its Bottom-Up Economic Transformation Agenda, which relies heavily on the rollout of affordable housing and the expansion of the national road network. The executive has often expressed frustration with the pace of the courts when legal hurdles are placed in the path of these initiatives. With the new appointments, the focus now shifts to whether the increased bench strength will result in a measurable reduction in the backlog of cases affecting the built environment.