Causes of congestion in the justice system. Does macroeconomic environment matter?

Abstract

Public services rendered by the justice system institutions are susceptible to congestion which arise from partial rivalry in consumption of these services. This paper investigated the causes of congestion in Kenyan justice system laying emphasis on select macroeconomic variables. A structural model was estimated using instrumental variable method, that entailed the use of data for the period 1960-2016. The findings were that increase in funding to justice system institutions, economic growth and enhanced resolution of cases reduces congestion.We recommend that the Government efforts to reduce congestion should cut across the demand and supply side of the justice market, and on environmental factors that affect the proper functioning of the justice sector. This should involve setting time limits, preferably through legislations, on the maximum period different types of cases should take to be finalized. Such a legislation could also specify the timelines that other players in the justice sector should take to finalize their legal tasks in relation to dispute resolution process. Further, allocation of optimal fiscal resources to justice system institutions would be crucial in financing congestion reduction programmes especially on uptake of technology and upgrading of capital infrastructure.