A new assessment of Kenya’s justice system shows wide disparities in case filings across the country, with a small cluster of urban counties dominating the national caseload.
According to the State of the Judiciary Annual Report 2024/2025, ten counties accounted for 68 per cent of all filings in the past year, underscoring deep regional differences in population density, economic activity and access to legal services.
Nairobi recorded the highest number of filings at 222,916, a figure more than six times higher than Kiambu’s 33,147 cases.
Nakuru followed with 28,078 filings, while Mombasa registered 27,012. Other counties in the top tier were Machakos (21,168), Kisumu (19,846), Kakamega (16,837), Uasin Gishu (16,707), Meru (16,314) and Murang’a (13,065).
Together, these ten counties formed the core of Kenya’s legal activity, reflecting their large urban centres, commercial activity and higher population concentrations.
By contrast, sparsely populated counties in northern and eastern Kenya recorded the fewest filings.
Samburu, Wajir, Mandera, Lamu, West Pokot, Marsabit and Tana River each registered fewer than 2,000 cases.
The report notes that these low figures are linked not only to smaller populations but also to limited physical access to courts, long travel distances and fewer legal aid options.
In some areas, litigants must travel hundreds of kilometres to reach the nearest court station, significantly reducing the number of cases filed.
The nature of cases varied sharply between regions.
Rural and pastoralist counties were dominated by criminal matters, influenced by socio-economic conditions, security challenges and mobility patterns.
West Pokot recorded the highest proportion of criminal cases at 83 per cent of all filings.
Elgeyo Marakwet followed at 79 per cent, while Turkana and Samburu each reported 78 per cent.
These counties often grapple with livestock-related offences, border disputes, resource conflicts and other charges common in pastoralist communities.
Urban counties, however, presented the reverse trend. Nairobi recorded 75 per cent civil cases, driven by disputes over land, commercial contracts, property, employment and family matters.
Kisumu and Uasin Gishu also leaned heavily toward civil litigation, each with 61 per cent of their caseloads classified as civil.
The report attributes this to the concentration of businesses, higher levels of property ownership and a more legally aware population in cities.
The Judiciary said the regional contrasts highlight the need for tailored resource allocation.
Rural counties require additional criminal courts, more prosecutors and expanded legal aid to reduce barriers to justice.
Urban areas, on the other hand, need stronger civil divisions, modernised case management systems and improved mediation services to handle complex and growing caseloads.
According to the report, addressing these disparities will be critical to achieving equitable access to justice and ensuring that courts respond effectively to the diverse needs of communities across Kenya.
