Kenyans filing disputes before the
Environment and Land Court could soon be spared the long wait for justice if a
new Bill before the Senate is enacted.
The Environment and Land Court
(Amendment) Bill, 2025, proposes strict timelines requiring the court to
determine all cases within two years of filing.
“In exercise of its jurisdiction
under this section, the Court shall hear and determine cases within two years
after they are filed,” reads the Bill sponsored by nominated Senator Tabitha
Mutinda.
The proposal comes amid growing
concerns over prolonged delays in resolving land cases, many of which drag on
for years.
Senator Mutinda argues that
litigants have suffered unnecessary frustration due to the slow pace of
hearings and judgments at the ELC.
“By introducing this amendment to
the Act, this Bill will help litigants get justice within a reasonable time and
also help the Court dispense with land cases without undue delays,” she says in
the Bill’s memorandum.
The Senate’s Justice, Legal
Affairs, and Human Rights Committee has already approved the proposed
legislation for publication and subsequent introduction in the House for first
reading.
The ELC has been grappling with a
heavy backlog.
As of December last year, the
court had 13,971 pending cases—9,335 of them older than a year. The Milimani
(1,645), Thika (1,231), and Eldoret (1,066) courts recorded the highest number
of pending matters.
The congestion has been attributed
to frequent adjournments—often caused by unprepared lawyers or absent
litigants—as well as the complexity of land disputes, many of which require
extensive documentation, technical evidence, and witness testimonies.
Despite the challenges, the ELC has
recorded notable improvements.
According to a Judiciary
performance report, the court achieved a 20 per cent reduction in its overall
backlog, supported by technological upgrades, court-annexed mediation and other
efficiency measures.
Between July and December last
year, the ELC received 3,629 new cases and resolved 5,170, representing a case clearance
rate (CCR) of 142 per cent.
“A CCR above 100 per cent means the
court is resolving more cases than it’s receiving—not just keeping up with new
cases but also clearing the backlog,” the Judiciary said.
To further expedite case
management, the Judiciary has proposed digitising land records, expanding
mediation efforts, and hiring additional judges to handle the mounting
caseload.
If enacted, the Bill would
significantly alter the pace at which land disputes are handled, offering
litigants a clearer path to timely justice in one of the country's most
sensitive and contentious areas of law.
