Thika: Justice Gatembu Kairu has officially assumed office as the new President of the Court of Appeal and promised to prioritize the reduction of a massive case backlog at the country’s second-highest court. Justice Kairu succeeds Justice Daniel Musinga, whose five-year non-renewable term has ended. He assumed office at a colorful installation ceremony presided over by Chief Justice Martha Koome at the Supreme Court building on Thursday.
According to Kenya News Agency, Justice Kairu, who was elected by his fellow Court of Appeal judges on June 22, 2026, pledged to run his office with transparency, inclusivity, fidelity to the Constitution, and the rule of law. He emphasized the substantial impact the court’s decisions have on shaping the law, guiding lower courts, and influencing commerce and governance.
The new President highlighted the acute case backlog crisis, noting that as of July 14, 2026, pending civil appeals stood just short of 12,000 cases nationally, with Nairobi alone accounting for nearly 5,000 cases. He pointed out that the Nairobi court is currently handling cases filed in 2020, representing a five-year delay. Justice Kairu identified the ‘famous 5-2-B applications’ for clogging the system and pledged to tackle those as a short-term measure to clear the way for actual appeals.
Justice Kairu appealed for infrastructural support, requesting Chief Justice Koome and the Judicial Service Commission (JSC) to expedite the completion of 11 working chambers identified for judges in Nairobi to resolve space constraints. Chief Justice Martha Koome praised the democratic transition and commended the Court of Appeal for electing a highly competent leader. She noted the court’s growth from 13 judges in 2021 to 41 judges today and emphasized the ongoing challenge of delayed justice.
Koome revealed that the Court of Appeal had 16,336 pending appeals at the close of the last financial year, with 61 percent constituting a backlog. She challenged the new President to transform the court into a real-time, efficient body capable of resolving appeals within a year of filing.
Speaking on behalf of the Senior Counsel Bar, Senior Counsel Philip Murgor praised Justice Kairu’s elevation as an event of profound constitutional significance. Murgor, who has known the new President for over five decades, lauded Kairu’s extensive career in academia and arbitration. He noted that Justice Kairu’s judgments reflect careful scholarship, fidelity to precedent, balanced reasoning, and clarity of expression.
Murgor raised issues of judicial accountability, highlighting that advocates are keenly watching discussions on publishing yearly performance results for judges. He assured the new President of the Senior Bar’s unwavering support, especially as the country approaches another General Election where the court’s independence and integrity will be crucial.
The outgoing President, Daniel Musinga, expressed gratitude for his tenure, describing it as the greatest honor of his professional life. He credited his administration with expanding the court’s geographical footprint from four permanent stations to eight by establishing registries in Nakuru, Eldoret, Meru, and Kakamega. Musinga advised his successor to fiercely guard the court’s independence and integrity.
The transition marks a pivotal step in the judiciary’s Social Transformation through Access to Justice (STAJ) blueprint, focusing on collective leadership, technology integration, and alternative dispute resolution.
