The Judiciary is going paperless in efforts by Chief Justice David Maraga to prepare the courts to handle cases online.
The CJ has spelt this in the Electronic Case Management Practice Directions, 2020, published recently.
Courts have been hit hard by the coronavirus pandemic, with public sittings suspended save for a handful time-bound cases.
But the system as envisioned would end such disruptions as parties will be able to file matters without having to present physical papers in court.
Maraga says in the practice directions that filing documents to be lodged or filed in court will be by electronic means.
The rules, to take effect on a date to be determined by the CJ, will see parties in court proceedings use technology – for speed and efficiency.
It is also fashioned as the panacea to cases of files going missing hence delaying cases or sometimes resulting in acquittals.
Plans are already underway to set up an integrated Information Communication Technology system to automate the courts.
Judiciary Registrar Ann Amadi said the Milimani High Court Commercial Division and magistrates courts are ready.
She told the Star that other Nairobi stations would join once the digital platform has been tested and approved.
"Court stations in Nairobi will commence thereafter. All court stations around the country will then join in as we improve ICT infrastructure and implement power backup," Amadi said.
Every court shall establish or designate an ICT-enabled office to facilitate e-filing, with discussions underway for the same to be run by agents to provide the filing services.
“All parties shall, at all stages of the court process and during the trial, use technology for purposes of information exchange,” the rules read.
Parties will be in a position to exchange electronic versions of pleadings and statements and consider the use of electronic documents at trial.
Courts will electronically transmit copies of rulings, judgments, directions orders or other documents using electronic means.
“The registry shall maintain an automated fee assessment system to facilitate e-payment of all forms of court fees.”
According to the rules, the courts will be fitted with digital display and real-time transcript devices.
Facilities for video and audio conferencing will be set up, accompanied by digital import devices and computers.
Every practising advocate and parties acting in person would be required to register in the system before filing a case or entering an appearance.
Individual litigants will be required to disclose full names, physical address, email address, mobile telephone number, nationality and national identity card or passport number.
Lawyers will declare full names, name of their law firm, office physical address, mobile and office telephone numbers, official email address and their LSK numbers.
Corporations will declare their names, physical address, official email, telephone number and contact persons.
Parties will be able to create accounts through which they will exchange documents to guarantee confidentiality and privilege.
“A document will not be considered as filed until the e-filing system generates a notice of electronic filing with a hyperlink to the electronically filed document,” the directions read.
One would have to be logged in as “e-mailing a document to the registry or the court does not constitute filing.”
The system will work with files below 25 MB, including PDF images, audio, and video recordings – which can be submitted through media approved by the court.
The rules will apply to all courts with accused persons in a criminal case, persons in custody, and parents of juveniles exempted from electronic filing.
Administration
A clerk receiving a document through the e-filing software shall create a case entry using the information provided by the e-filer to record the document filed.
Every person who files a document in court shall electronically serve the document to parties through the address contained in the electronic system.
Other means authorised by the law shall be used for persons who are not registered in the system and an affidavit of return of service shall be filed in court.
“Upon electronic service of a document, the system shall generate and post into the filer’s account a notice of service,” the manual reads.
The notice will contain details of the date and time of filing, a hyperlink to the document filed, and a list of the parties who were served electronically – and other means.
“For purposes of computation of time, the deadline for e-filing of a document in any particular day shall be 11.59pm in the standard Kenyan time.”
Maraga says the Judiciary will maintain a backup for the system – to be located and maintained in a place “determined by the Chief Justice, in consultation with the Judicial Service Commission.”
Filing fees will also be payable through electronic means - approved by the court, and an electronic receipt generated and sent to the party’s’ accounts.
(edited by o. owino)
