Judges, Magistrates say their health paramount in wake of resumption order » Capital News

NAIROBI, Kenya Apr 17 – The Kenya Magistrates and Judges Association (KMJA)Friday insisted its members aged 58 and above and those with preexisting conditions will continue working from home saying a directive by the National Council on the Administration of Justice (NJAC) requiring them to upscale hearings can only be implemented within the confines of guidelines issued by the government.

NJAC Thursday ordered the upscaling of courts sessions, tribunals and registry services beginning Wednesday, April 22.

In a joint letter addressed to Chief Justice David Maraga, KMJA, Kenya Judges Welfare Association and Kenya Judiciary Staff Association said the health of judicial officers is paramount.

“In conformity with the Presidential directive, our members who are aged 58 years and above will work from home. Those of our members who will have underlying conditions will also be working from home.

“These two groups are vulnerable and will need not to be unreasonably and unnecessarily exposed,” the statement read.

In their recommendation, the three associations said that judiciary should also facilitate movement of its staff to work and also procure safe passage for those outside four counties – Nairobi, Mombasa, Kilifi and Kwale – under a COVID-19 containment order.

“Since some officers are in areas with restricted movement,the judiciary should procure ‘safe passage’ and authorization in writing to egress from or enter into those areas from the relevant government authorities,” the statement noted.

They also want the Office of the Chief Registrar to ensure that the Ministry of Health audits all courtrooms and give guidelines on the number of people who can be accommodated in courtroom at a time.

“The CRJ should ensure that there is adequate provision in all court stations sanitizers, gloves, thermometer guns, N-95 masks, dust coats and other protective gear for all officers,” he said.

In order to prevent the spread of virus through hard copy documents, the associations appealed for the judiciary to put mechanisms in place to enable court registries to ‘lodge all documents electronically as word documents.’

According to the directive issued by NCAJ, hearings of civil matters will resume fully beginning April 22.

A NCAJ sub committee was set to publish guidelines on new operations.

“The hearing of criminal appeals by the High Court and the Court of Appeal shall be scaled and proceed through modalities to be agreed by judges seized by the appeals, the DPP, appellants and their advocates as well as prison authorities,” NCAJ stated.