Editor’s note: Our senior writer Getty Soila takes a deep dive into Kenya’s justice system and the growing frustration over delayed rulings, endless mentions and years-long court battles.
The lawyer had spent months preparing the case.
His client had travelled hundreds of kilometres, taken time off work and borrowed money for transport to attend court.
The matter was listed for hearing. Witnesses were present. Files were ready.
Then came the announcement. The case would not proceed.
Another mention date was issued.
Months later.
In another courtroom, an application filed under a certificate of urgency has remained unresolved for five years.
Elsewhere, a litigant is still waiting for judgement nearly a year after a hearing concluded.
At the Cooperative Tribunal, one advocate recently walked away with a hearing date of February 2027.
Across Kenya’s justice system, stories like these are becoming increasingly common, painting a troubling picture of a Judiciary struggling under the weight of delays, growing backlogs and mounting public frustration.
Former Law Society of Kenya President Nelson Havi recently ignited debate after lamenting what he described as the daily reality facing litigators.
Deep Frustrations
“The biggest problem today for a litigation Advocate is explaining to the client how a Judge arrived at a manifestly unlawful and unjust decision, why a reasonably early hearing date could not be given by the Court, why the Court gave a further mention in November 2025 and many stupid happenings in Court,” Havi said.
His remarks triggered a flood of responses from lawyers and litigants, exposing deep frustrations simmering beneath the surface of Kenya’s judicial system.
A senior advocate described litigation as “a sport”, citing what he called judicial impunity, incompetence and decisions “not fit for a paralegal”.
Another advocate recounted obtaining a hearing date of February 1, 2027, saying it had become increasingly difficult to explain to clients why disputes take years to be heard and whether litigation remains economically worthwhile.
Others shared even more startling experiences.
“A ruling on an application deferred six times,” wrote another lawyer.
Yet another advocate revealed that an urgent application filed under a certificate of urgency had remained pending for five years while the principal court file had allegedly disappeared from the lower court registry.
Meanwhile, ordinary Kenyans say they are paying the price.
“We the ordinary people are really suffering in the corridors of justice,” wrote one of the commentators.
He described family disputes being adjourned repeatedly and dragging on for as long as six years.
Another litigant said a matter heard in October last year is yet to receive judgement.
“The judiciary is a big joke,” he wrote.
The frustrations extend beyond delayed rulings.
Bribery
One Kenyan recounting a recent visit to a law court to file a Small Claims Court matter described leaving with his “faith in humanity tested” after allegedly being asked for facilitation before receiving assistance.
When he declined, he claimed he was issued with incomplete forms, forcing him to restart the process.
Yet the Judiciary insists the problem is not indifference but capacity.
Chief Justice Martha Koome has previously acknowledged the immense pressure facing courts, noting that some judicial officers handle cause lists containing as many as 50 matters in a single day.
The Judiciary has repeatedly cited staff shortages, increasing caseloads, limited funding and logistical challenges as key contributors to delays.
It has also invested heavily in digitisation and court expansion programmes aimed at reducing backlogs.
The institution has additionally pointed to external factors, including prolonged investigations, procedural applications and frequent adjournments sought by parties, as contributors to delayed case resolution.
Even so, the perception gap continues to widen.
For lawyers, the challenge increasingly lies not inside the courtroom but outside it, explaining to anxious clients why judgements are delayed, why hearing dates are years away and why seemingly urgent matters remain unresolved.
For litigants, the experience is often more personal.
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They arrive carrying land disputes, inheritance battles, employment claims and criminal accusations.
They spend money they do not have, queue outside courtrooms from dawn and sit for hours on crowded benches.
Then they are told to return another day.
And another.
And sometimes another.
In theory, courts exist to deliver justice.
But for a growing number of Kenyans, justice is becoming something far more elusive, a destination visible in the distance but seemingly forever out of reach.
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