Chief Justice David Maraga has said all courts will continue to deliver judgments through emails and hear matters using video conferencing except in exceptional circumstances regarding civil matters.
Maraga on Tuesday reiterated that since the Covid-19 pandemic began, court proceedings can only be conducted remotely through the use of technology in order to limit courtroom interactions.
"While it is prudent to upscale court activities, it will not be wise to have open court sessions at this time. We must, however, emphasize that this does not mean that the courts have closed down as some want to claim," he said in a statement on Tuesday.
Maraga noted that a number of judicial officers conduct their court sessions from their chambers, making it difficult to keep the required social distance recommended by the Ministry of Health.
Court activities involve an extensive exchange of paperwork from advocates, therefore, accelerating the spread risks.
The CJ, however, warned that court operations have never and will never be closed.
He left the decision on which cases to be heard remotely up to presiding judges, head of court stations and their respective stakeholders.
"Suspects in serious crimes shall continue to be presented to court for plea taking. On the other hand, the police shall continue to release minor offenders on bond or bail failing which they must take all suspect to court within 24 hours," he said.
Judges and heads of stations outside Nairobi have been asked to liaise with court users committees and come up with guidelines on how hearings and appeals will be conducted.
Last week the Judiciary announced measures to scale up court functions by reviewing its operations in the wake of Covid-19 disease.
All suspects now get arraigned in court within 24 hours, irrespective of the nature of the offense.
Initially, Maraga had instructed that some suspects be charged from police stations.
