Why the Judiciary staff need decent work space

The primary purpose of investing in judicial infrastructure is to ensure we create an environment in which justice can be delivered effectively. Such investments ensure that our courts are safe, accessible and properly equipped.

They provide Judges and Judicial Officers with appropriate spaces to hear cases and prepare decisions, staff with suitable working environments, and members of the public with dignified spaces in which to access justice.

The present Supreme Court Building in Nairobi illustrates the infrastructure challenge facing the Judiciary. The building is almost a century old. It was designed in 1929 and constructed in the early 1930s for a judicial establishment far smaller than the Judiciary we have today. In 1995, it was declared a national monument because of its historical and architectural importance.

That heritage should be preserved. But preserving an historic building does not mean requiring it to continue carrying demands for which it was never designed. Currently, the building accommodates three major institutions: the Supreme Court, the Court of Appeal and the Judiciary’s national administrative headquarters, including several directorates and units. All three have grown significantly in size, workload and responsibilities, while the available space has remained largely the same.

The Supreme Court itself does not have facilities that fully reflect the needs of a modern apex court. The Court deals with some of the most complex and consequential legal questions in the country, often involving large records and extensive research. Yet the quality and size of Judges’ chambers, research and support spaces occupied by the Court’s staff are inadequate for this work.

Working space  

An apex court should have secure, functional and properly equipped chambers, courtrooms and supporting facilities that allow Judges and their support teams to undertake their work efficiently and with the dignity that the institution requires.

The space challenge is even more acute for the Court of Appeal. There are not enough chambers for all the Judges serving in Nairobi. Senior Researchers and other professional staff who support judicial work also face serious shortages of working space, with some lacking proper places from which to carry out their duties. The Judiciary’s administrative staff face similar difficulties. Over the years, prefabricated and improvised office spaces have been erected within the Supreme Court premises simply to accommodate additional staff. These were intended as temporary solutions. They are now overcrowded, inadequate and unable to accommodate everyone who requires office space.

The age and physical condition of the building create further difficulties. Parts of the premises have previously been assessed as unsafe. At the same time, because it is a protected heritage building, there are limits to the structural alterations that can be made without damaging its historical character.

The sensible solution is therefore not to demolish or abandon the historic Supreme Court Building. It is to preserve and rehabilitate it, while developing modern, purpose-built facilities for the institutions it can no longer adequately accommodate.

This is why the Judiciary has identified the need for a new Supreme Court building, a dedicated Court of Appeal Complex and suitable premises for the Judiciary’s administrative headquarters.

The need for these infrastructural investments was long identified and has been part of the Judiciary’s long-term planning as documented in the ‘Social Transformation through Access to Justice 2023–2033’ (STAJ) blueprint and the Judiciary’s infrastructure plans.

There are other pressing needs. The Judiciary still does not have a permanent, purpose-built national training facility. The proposed Kenya Judiciary Academy would provide a proper home for the continuing education and professional development of Judges, Judicial Officers and staff.

World Bank financing

The continued transfer of tribunals from the Executive into the Judiciary, as envisaged in the Constitution, also requires suitable hearing rooms, registries, and offices to be hosted in the proposed Tribunals’ Plaza.

These priorities form part of the Judicial Performance Improvement Project Phase II (JPIP II), which is intended to strengthen both the physical and institutional capacity of the Judiciary.

It is equally important to understand how a programme of this nature is financed. The Judiciary does not borrow money independently or commit the Government of Kenya to financing arrangements with international development partners.

The Judiciary identifies and justifies its needs, but where World Bank financing is contemplated, the process is undertaken through the National Treasury and the established Government approval mechanisms.

That process was followed for JPIP II. On 30 June 2026, Cabinet approved Phase II of the Judicial Performance Improvement Project, paving the way for further engagement with the World Bank on financing.

Ultimately, the Judiciary is investing in judicial infrastructure to ensure that litigants do not seek justice in an unsafe or overcrowded building. It will also ensure that Judges have proper chambers in which to prepare and write judgments, while other staff have suitable places to work.

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The writer is the Chief Justice of Kenya and President of the Supreme Court