• KJMA secretary general Derrick Kuto protested a lack of consultation before the directions were issued.
• Judges given until May 30 to deliver all pending judgments and rulings
Image: FILE
Chief Justice Maraga sent a stern warning to judges who are sabotaging efforts to conduct court hearings remotely.
In a confidential letter addressed to all judges and seen by the Star, he said: “I will not allow any of us to cause problems for the entire institution. If you have any challenges with technology, please seek assistance from our ICT team.”
The CJ hinted that some judges had decided to work only on Thursdays yet they are all on duty during the partial Covid-19 lockdown.
“It has come to my notice that a few of us are frustrating, nay sabotaging, our efforts to conduct proceedings remotely and as a result, we are being barraged with all manner of complaints and insults,” said CJ Maraga in the letter dated April 23.
He added, “Though we moved away from hearing matters once a week, I am shocked to learn that some of us are asserting that they are hearing matters only on Thursdays.”
He asked judges to use this time to write all judgments that are pending by May 30.
“In this partial lock-down, we have a lot of time to clear our pending judgments,” he said.
He further directed the judges to file their monthly returns from April 30 via email directly to him until further notice.
In a rejoinder to the CJ's letter, Kuto said the judges have been working as required.
"Lordship the CJ is emphasising the directions that he has previously given. Hon judges, magistrates and kadhis are working. It is only that there are no open court sessions."
He added: "His Lordship has called upon members to fully utilise ICT in these circumstances. He said members have doubled their efforts to ensure that all judgments and rulings are delivered within the period indicated by the CJ."
Kuto further said that the judges and magistrates are willing and ready to comply with the directions of the CJ.
"We will be accountable to our employer and Wanjiku," he said.
Since the partial lockdown began, the judges have heard hundreds of cases and delivered judgments. In the first 10 days alone, they handled 203 cases.
In Malindi, magistrate Julie Aseko handled 157 cases in a day via video conferencing.
In Mombasa, judge Eric Ogola of the High Court cleared 23 criminal cases.
Court of Appeal judge Hannah Okwengu delivered 20 judgments and rulings on April 3.
The cases were heard in Nairobi, Kisumu, Mombasa and Eldoret. The judgments and rulings were delivered via video link while some sent on email.
In the Family Division, judge Aggrey Muchelule delivered 28 judgments and rulings on April 8.
In Meru, Justice Francis Gikonyo delivered 17 judgments and rulings on April 21.
Yesterday, magistrate Maureen Kimani of Kitui Law Courts delivered judgments to remandees at Kitui G.K Prisons via video link; Kisii High Court judge Rose Ougo delivered judgements via Zoom; and magistrate V. Masivo of Nanyuki Law Courts delivered judgements and rulings via video conference to Nanyuki Prison among others.
The Chief Justice's letter comes after LSK president Nelson Havi dared judges unhappy with his support for upscaling of court sittings to frustrate his cases.
In a tweet, Havi said: “I have given judges and magistrates who congregate daily while drinking alcohol to plan how to frustrate my matters in court for standing firm on the rule of law a month. Ensure you succeed in that.
“If you don’t, I will take you out one by one starting with the vocal one in JSC,” he said.
Speaking to the Star on the phone Havi said that judges and magistrates are ruffled by his support for up-scaling operations when most offices are closed due to Covid-19.
To limit the spread of the coronavirus, the Judiciary allowed its staff to work from home and handle urgent matters via video link.
He said the NCAJ agreed to upscale the court sittings because the delivery of justice has been tremendously affected. The decision was immediately opposed by KMJA.
KMJA said its members aged 58 years and above and those who have preexisting medical conditions should continue working from home.
“These two groups are vulnerable and will need not to be unreasonably and unnecessarily exposed,” the letter by KMJA read in part.
Subsequently Chief Registrar of Judiciary Anne Amadi, Havi said, sent another letter to judges asking them not to resume work until they get advice from Ministry of Health.
When the NCAJ conducted a follow-up meeting, the LSK president inquired from Maraga how far they had gone with upscaling of court sittings.
Havi learnt that the Judiciary had decided to overrule its earlier position of up-scaling court hearings. It would allow staff to work remotely.
The LSK president said that the judges believe that he is pushing for up-scaling of court sittings to put them in harm’s way. Emissaries have been sent to persuade him to soften his stance, he said.
But he won't file a complaint before the Judicial Service Commission over the overtures because he believes it will be a waste of time.
Amadi said though she has seen the tweet [by Havi], the LSK president has not yet filed a complaint before the JSC. “If he files the complaint JSC will deal with it,” she said.
(edited by o. owino)