Lawyer sues Ruto, CJ Koome over 'too few courts'

Chief Justice Martha Koome and President William Ruto. [Collins Kweyu, Standard]

A lawyer has filed a suit at the High Court in Nakuru seeking to compel President William Ruto and Chief Justice Martha Koome to establish courts.

In a petition filed on Thursday, lawyer Sharon Olili says the Judiciary had failed to ensure reasonable access to its services in all parts of the country.

Through lawyer Kipkoech Ng'etich, Olili said the Executive structures both at the national and county levels had not taken steps in ensuring reasonable access to their services.

"The Judiciary, which is vested with judicial authority derived from the people and exercises it through the courts and tribunals, established by or under the Constitution, has failed to ensure reasonable access to its services in all parts of the republic," read the notice of motion.

The advocate of the High Court said the Chief Justice, who is the head of the Judiciary, had failed to establish a High Court in all the 47 counties. Lamu, Mandera, Isiolo, Nandi, Samburu, Turkana, and Elgeyo Marakwet counties, she said, did not have High Courts. People residing in those counties and want services of the High Court, she said, were forced to travel to the nearest counties.

"While doing this (travelling), they are forced to incur additional expenses in terms of money and time compared to those living in counties that have a High Court," said read the petition.

She said the Chief Justice had failed to establish magistrate's courts in all the sub-counties.

Constituencies such as Garbatulla, Kuresoi South, Kuresoi North, Bahati, Turkana North, Loima, Turkana South, Tiaty, Turkana East, Kipkelion West and Kipkelion East, Bureti, Belgut, Njoro, Rongai, Subukia Gilgil had no magistrate courts.

The petition has accused President Ruto and CJ Koome of failing to ensure that all Kenyans had reasonable access to the services offered by the Judiciary in all parts of the country.

The lawyer seeks a declaration that the failure by the Executive and the Judiciary to establish a High Court in every county and magistrate court in every sub-county is unconstitutional and a violation of the Constitution.

She wants the CJ to be compelled to immediately establish a High Court in every county and magistrate's court in every sub-county within 18 months.