While elsewhere in the continent whole justice systems were being shut down, the decision to keep the country’s wheels of justice turning was lauded

Now well into the third month of implementation of such measures as online trials, open-air court sessions and reduction of bail terms to free up jails, challenges are emerging with the poor being the most affected.

“Children courts have a high number of litigants from far flung areas including slums and rural places who can’t access virtual platforms because now their guardians are thinking more about bread and butter issues, not accessing justice through Zoom,” says Ms Njeri.

Justice Majanja points out that embarking on remote justice, which is now commonly referred to as Zoom trial has its own challenges ranging from inadequate facilities in courts, remand and among lawyers for video conferencing, issues of connectivity in many parts of the country to reistance by lawyers as well as litigants to online proceedings.

When the time comes to deal with the case backlog, Justice Majanja says the online platforms will be among the choices post-Covid-19, noting that most divisions of the High Court, the Employment Labour Relations Court and the Court of Appeal are already adjusting to with the new ways of conducting proceedings online.

But with challenges the Judiciary is facing in this pandemic, Kenya Institute for Public Policy Research Analysis chair Linda Musumba says they present an opportunity to consider informal justice systems which rely on the strength of cultures as an alternative to court room proceedings.

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