Justice Daniel Gatembu Kairu has been tasked with cutting the growing backlog of appeals and ensuring cases filed before the Court of Appeal are heard and determined within one year, with Chief Justice Martha Koome saying the judiciary now has the judges, technology and capacity needed to deliver faster justice.
Speaking on Thursday during Justice Gatembu’s installation as President of the Court of Appeal, Koome said the country’s second-highest court had made notable progress in expanding access to appellate justice but still faced the challenge of thousands of unresolved appeals.
“We must candidly acknowledge that significant work remains to be done,” she said.
According to the Chief Justice, the Court of Appeal ended the last financial year with 16,336 pending appeals. Out of these, 9,954 cases, representing 60.1 per cent, had turned into backlog after remaining unresolved for more than one year.
“Every pending appeal represents litigants awaiting certainty and awaiting justice. Reducing this backlog must therefore remain an institutional priority,” Koome said.
She said the court recorded a case clearance rate of 70.4 per cent during the last financial year but noted that recent reforms had placed the judiciary in a stronger position to improve performance.
“The appointment of 15 additional judges has helped us to address the court’s longstanding human resource challenge,” she said, adding that the court’s establishment had increased from 30 to 70 judges.
Koome challenged Justice Gatembu to build what she described as a real-time appellate court capable of resolving appeals within one year of filing.
“As President of the Court of Appeal, your leadership will be measured not only by the quality of the court’s jurisprudence but equally by its institution of a truly real-time appellate court, one capable of hearing and determining appeals within one year of their filing. This goal, we believe, is entirely achievable,” she said.
She pointed to the Mombasa, Kisumu and Malindi Court of Appeal stations as examples of courts already proving that it is possible to dispose of more cases than are filed.
“These stations have demonstrated that clearing more cases than are filed is not merely an aspiration; it is achievable,” she said.
The Chief Justice also promised to address the shortage of office space for appellate judges after revealing that 11 judges currently have no chambers.
“It is a shame that we can pride ourselves as a judiciary, but have no chambers for our judges,” Koome said, adding that she would work with the Chief Registrar to temporarily accommodate the affected judges at the Supreme Court building as construction of additional facilities continues.
She further urged Justice Gatembu to sustain technology-led reforms aimed at improving the delivery of justice, including paperless operations, virtual hearings, electronic filing and the Integrated Case Management System (ICMS).
“We have to continue building on your leadership… Please continue with your leadership to ensure paperless operations. Continue with the virtual hearings because they reduce distance and save time and money. Continue with electronic filing. This is something we should celebrate and build on,” she said.
Justice Gatembu takes over from Justice Daniel Musinga, whose constitutionally prescribed five-year, non-renewable term as President of the Court of Appeal ended on May 24, 2026. He was elected by fellow Court of Appeal judges on June 22, 2026, to lead the country’s principal appellate court.