Download PDF - The Judiciary

State of Judiciary 2011-2012
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THE LEGAL
RESOURCES
FOUNDATION
Enhanced collaboration with the Judiciary
especially at the magistrates’ level resulting
in strengthening of CUCs
Increased information dissemination among
actors in the administration of justice
especially the National Police Service
Prisons Paralegals have assisted in the
prioritisation of pretrial and special needs
offenders
Bolstering of Customer Care desks for
paralegal officers in Kisii, Meru, Embu &
Makadara Law Courts
Collaborated with JTI to train 28 judges
on the Civil Procedure Rules, Traditional
Dispute Resolution Mechanism, Electoral
Law, Political Parties Act, Judicial Code of
Conduct and activism and the Litigants
Charter
Developed draft guidelines on Traditional
Dispute Resolution Mechanisms (TRDM)
Finalised a Sentencing Research Report
Asymmetry in the number of
prosecutors and magistrates
has resulted in slow case
management. Appeal cases for
capital offenders who have no
appeal numbers, hearing dates,
uncertain mention dates, untyped
proceedings and no state
representation
Inaccessible Registries due to
the technical processes of file
tracking and retrieval as well as
unfriendly staff and corruption
Absence of legal aid systems for
deserving litigants (both accused
and complainants)
Institute morning waiting sessions in
court to ensure that a judicial officer
(customer care) or paralegal provides
an overview of basic legal information
to court users
Train Magistrates in the Civil Procedure
Rules and application of Alternative
Dispute Resolution Mechanisms
Submit a special register and monthly
returns of all courts in jurisdictions that
apply traditional dispute resolution.
Enhance the inter-face between
TDRM and the formal court systems to
mainstream practice to protect the
rights of the indigent
Conduct a judicial review of cases of
offences committed in prison
Organise periodic visits by the Hon. Chief
Justice and members of NCAJ to all 47
Counties
Hold bi-monthly briefs by the Chief
Registrar with each County as a public
engagement strategy via SMS, local
radio, TV to further inform the Hon. Chief
Justice’s State of Judiciary Address
KENYA
NATIONAL
COMMISSION
FOR HUMAN
RIGHTS
Participated in the Taskforce on Judicial
Reforms which recommended the
establishment of NCAJ
Drafted the vetting tool and score card
adopted by the Judges and Magistrates
Vetting Board
Ongoing establishment of new and
bolstering the operations of existing CUCs in
court stations
Trained judges and magistrates on human
rights leading to the decongestion of prisons
through the execution of mentions and
releases and the issuance of alternative
sentences
Absence of guidelines on the
maximum number of people
permitted to join cases as amicus
Delayed implementation of the
rules on Public Interest Litigation
has hindered admittance of PIL
cases by subordinate courts
Lack of guidelines on offenders
with mental and learning
disabilities has hindered access
to justice
The Absence of a legal aid
scheme and case management
strategies have delayed the
expeditious disposal of cases
Inaccessibility of courts, registries
Mandate the JTI to conduct training
of judges, prosecutors, advocates,
court clerks, prisons officials and other
stakeholders in the justice sector.
Establish an advisory committee on case
management to standardise operations
in all Court Stations and to consider
the needs of witnesses, victims, and
offenders.
Construct a permanent court in
Mpeketoni
Amend the Criminal Procedures Code
to expedite the decongestion of prisons.
Institute mechanisms to vet all
employees of the Judiciary
Establish a Special Court or Tribunal to
handle cases involving offenders with
mental disabilities. The Chief Justice to
issue rules and guidelines to Courts that
handle witnesses, victims and offenders
with mental disabilities
KENYA LAW
REFORM
COMMISSION
Collaborated with the AG and CIC to
prepare legislation resulting in the delivery
of 40 new pieces of legislation towards the
implementation of the constitution
Ongoing review of all legislation antedating
the Constitution for consistence and
compliance.
Drafted a new Companies Bill, 2012 and a
new Insolvency Bill, 2012 to modernise the
legal framework for doing business in Kenya
Absence of an operational
framework for institutional
independence --KLRC operates
as a department under the
Ministry of Justice and seeks
autonomy
Poor resource allocation resulting
in poor coordination of law
reform initiatives and human
resource incapacity
Fast-track the KLRC Bill, 2012 to address
these challenges and enable the
Commission to fully execute its mandate
in the implementation of the Constitution
and the revision of all existing legislation
for consistency and compliance