The Kenya Magistrates and Judges Association (KMAJ) has opposed the National Council and Administration of Justice (NCAJ) recommendations to scale up Court operations amid rising cases of Coid -19.
KMAJ through its secretary General Derick Kutto said- in as much as its not a member of NCAJ, its members were not consulted and that NCAJs recommendations will expose its members to Coid-19.
On Thursday, NCAJ which is chaired by Chief Justice David Maraga after a virtual meeting recommend that all suspects, irrespective of nature of the offense be arraigned in court within 24 hours.
Maraga said if not, they should be released on bond, or bail by the police.
NCAJ said the hearing of criminal appeals by the High Court and Court of appeal shall be scaled up.
He said operations and services in all registries shall be scaled up effective April 21st, 2020.
“Court registry supervisors shall report to the registries,” he said.
He said the hearing of civil matters shall be scaled up with effect from 22nd April 2020.
“All pending Judgements and rulings shall in accordance with the guidelines of the ministry of Health be delivered in open court upon notice to litigants and their advocates,” he said.
He added that orders shall be extracted by registries and released to litigants and or their advocates within 24 hours of their making.
“The suspension of execution of civil orders and decrees and eviction orders made before 16th March 2020 remains in force until 22nd April 2020,” NCAJ said through Maraga.
However, KMAJ has sent a protest letter to NCAJ.
KMAJ blamed LSK for having a big sway in the Council.
“We were alarmed that LSK shared the statement a day before. The LSK leadership has used its perceived influence to intimidate and “direct ” our members on what they think is proper.” Kutto said.
KMAJ said its surprised that with the cases spiraling to disturbing levels, its members are being highly exposed by the scaling up of cases.
The Organization said most government services have been suspended due to the Pandemic yet NCAJ wants to force its members to work and be exposed to the virus.
“Majority of the judicial staff and some Judicial Officers use public means of transport to get to work. In this regard, there is likely to be a serious challenge of avoiding contact with people of unknown contact or travel history”
“Majority of our clients use public means of transport to get to work. At our place of work, the clients get into contact with the judicial staff. In turn, the judicial staff get into contact with Judges and Judicial Officers. This produces a snow-balling effect, just in case one of them is infected,” Kutto said.
He said there is likely to be a serious challenge of avoiding contact with people of unknown contact or travel history.
The KMAJ Secretary General said opening the courts and scaling up services shall be for all litigants and not only advocates.
He said It will require litigants to move to and from courts all over the country and this will disrupt the Ministry of Health program requiring people to stay at home and it will eventually have a negative impact on the measures put in place to contain the virus.
“Some of our members conduct their daily operations from tiny chambers. This will for sure present a challenge including but not limited to keeping the social distancing of at minimum one meter as required by law (The Public Heal [COVID-19 Restriction of Movement of Persons and Related Measures] Rules, 2020),” KMAJ protested.
He said it will be dangerous since if one person is infected, then the whole Judiciary will be forced into quarantine.
Kutto said KMAJ members fear to go through “horrible” conditions in quarantine.
He asked NCAJ to maintain the status quo as the world seeks a cure.
He said they will allow the ministry of health to do an assessment of court premises and that they be involved.
KMAJ urged the Judiciary to empower everyone to use ICT to do their work.