Chief Justice David Maraga’s plan to reopen courts as Kenya grapples with an increasing number of COVID-19 cases has suffered a major setback after Judges and Magistrates protested the move.
In a letter to the National Council of Administration of Justice (NCAJ), chaired by Maraga, the Kenya Magistrates and Judges Association (KMJA) stated that there is need to prioritise the health of judicial workers.
The association further stated that NCAJ had not consulted its members regarding the COVID-19 pandemic and its effects on the operations of the courts.
“A 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, ” said KMJA secretary-general, Derrick Kuto.
Read: Gov’t To Appeal Court Ruling Exempting Lawyers, IPOA From Curfew Restrictions
“A 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.”
The SG says none of its members is ready to risk their lives as the country continues to witness increasing number of community transmission of COVID-19.
“For Kenya, there are many contacts being pursued and no one knows where and who they are. This calls for more caution,” Kuto added.
The Maraga-led council had last week resolved to upscale court operations that had been downscaled as part of government efforts to contain the spread of COVID-19.
The council noted that that court sessions will be done in open spaces starting Wednesday, April 22 upon receiving approval from the Ministry of Health.
Read Also: Court Bars Standard Group From Slashing Employee Salaries
Reports indicate that official from the ministry visited Milimani Law Courts on Monday to assess its level of preparedness before issuing the greenlight for upscaling of operations.
Mid last month Maraga announced suspension of hearings and mention of civil cases as part of measures to tame the spread of COVID-19.
“All exclusion proceedings are also suspended during this period. Courts will continue to handle certificate of urgency and taking the plea in serious criminal cases,” Maraga said.
The CJ’s directive saw the Judiciary operate with a lean staff. Some courts have been issuing rulings and judgment online, using video conferencing and holding sessions in open spaces.
The Law Society of Kenya (LSK) protested the move calling on Maraga to reopen the courts.
Email your news TIPS to Editor@kahawatungu.com or WhatsApp +254707482874. You can also find us on Telegram through www.t.me/kahawatungu
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
