Court Users Committees (CUCs) provide a platform for actors in the justice sector at the local or regional level, to consider improvements in the operations of the courts, coordinate functions of all agencies within the justice system and improve the interaction of these stakeholders.
The CUCs are forums that bring together players, both state and non-state, involved in the administration of justice at the local level. Hence, CUCs are domiciled at the grassroots level, specifically at the court level, with the primary mandate of ensuring the efficient administration of justice within the court’s jurisdiction. The CUCs ensure accountability and performance of the justice actors and cultivate partnerships amongst various stakeholders in the justice sector. The membership of CUCs primarily mirrors that of the Council.
Ordinarily, therefore, CUCs are expected to resolve local disputes regarding the administration of justice and find local solutions to emerging issues. They are required to meet every quarter, address emerging issues and implement their work plans. Legal, policy and administrative matters that the CUCs cannot handle are escalated to the Council through the Secretariat for deliberation and directions. The Council decisions then trickle back to the CUCs or the specific justice institutions for action.
| Type of CUCs | Financial Year 2020/21 | Financial Year 2021/22 |
| Court Users Committees at High Court | 40 | 40 |
| Employment and Labour Justice CUCs | 2 | 2 |
| Environment and Land Justice CUCs | 2 | 37 |
| Court Users Committees at Magistrates’ Court | 123 | 125 |
| Children CUCs | 2 | 7 |
| Commercial Justice CUCs | 1 | 5 |
| Court Users Committees at Kadhis Court | 14 | 14 |
| Court Users Committees at Tribunals | 3 | 6 |
| Total | 187 | 236 |
Membership of CUCs include:
- The membership of the CUC reflects that of the NCAJ however a CUC is at liberty to invite members on an ad hoc or permanent basis according to its needs
- The membership of CUCs is therefore highly variegated however certain institutions like Probation, Police, Prisons, Judiciary, LSK, Provincial Administration (District Officials- Chiefs), Children’s Officers are constant features
Functions
- Hold fact-finding missions to penal facilities and places of custody including prisons, remand homes, borstal institutions, rehabilitation schools, psychiatric hospitals, probation hostels and any place of detention including hospitals
- Produce reports on any CUC events and visits held
- Promote Alternative Dispute Resolution in accordance with the provisions of Article 159 of the Constitution
- Establish peer review mechanisms
- Promote crime prevention initiatives
- Organize CUC outreach and sensitization events
Scope
- To ensure an accountable, coordinated, efficient, effective and consultative approach in the delivery of justice
- To improve access to justice and the quality of service delivery by all actors in the justice system
- To enhance public participation and engagement in the delivery of justice
- To promote information sharing and learning among stakeholders
- To strengthen feedback mechanisms and promote dialogue among stakeholders and court users.
- To propose policies and legislation for implementation by the NCAJ for effective delivery of justice
- To carry out all functions that are incidental to the operations of the CUCs
- Case backlog
- Limited access to information and feedback mechanisms for litigants and the public
- Negative public perception of the justice system
- Lack of coordination and communication in the justice sector
- Filling of professional forms, DNA, police abstract and age assessment forms
- Shoddy investigations
- Inadequate court cells and police cells facilities
- Prisoners transportation and security
- Lack of holding cells for children and women
- Unavailability of designated medical officers and other expert witnesses
