M-Wakili

High Court Organizationand Administration Act 27of 2015 - as Plain Text by MWakili

SPECIAL ISSUE -4 Kenya Gazette Supplement No.

197 (Acts No.

27) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2015 NAIROBI, 18th December, 2015 CONTENT Act PAGE The High Court (Organization and Administration) Act, 2015 1795 NActitk 60'jNCIL OR LAW REPORTING EC-- WED 20 JAN 7[ 11L; soKli.441-00Q i NAIROE31, KEN'fA TEL:2719231 FAX:2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER.

NAIROBI 1795 THE HIGH COURT (ORGANIZATION AND ADMINISTRATION) ACT No.

27 of 2015 Date of Assent: 15th December, 2015 Date of Commencement: 2nd January, 2016 ARRANGEMENT OF SECTIONS Section PART IPRELIMINARY 1 Short title.

2Interpretation.

3 Guiding principles.

PART HORGANIZATION OF THE COURT 4Constitution of the Court.

5 Jurisdiction of the Court.

6 Princir Al Judge.

7Presiding judges.

8Order of precedence of judges of the Court.

9Quorum of the Court.

10Sittings and recess sessions of the Court.

11Establishment of Divisions.

12Distribution of stations of the Court.

13Transfer and deployment of judges.

14Leadership and management teams.

15Circuit courts.

PART IIIADMINISTRATION OF THE COURT 16Role of the Chief Justice as the head of Judiciary.

17Role of the Chief Registrar.

18Registrar of the Court.

19Qualification for appointment of the Registrar of the Court.

1796 No.

27 High Court (Organization and Administration) 2015 20Functions and powers of the Registrar.

21Functions of Deputy Registrars.

22Review of decisions of the Registrar.

23High Court Advisory Committee.

24Staff of the Court.

PART IVPROCEDURES OF THE COURT 25Practice and procedure of the Court.

26Alternative dispute resolution.

PART VGENERAL PROVISIONS 27Case management.

28Records of the court.

29Performance management inspections and monitoring.

30Ethics and integrity.

31Budget and funding of the Court.

32Welfare of Judges and judicial officers.

33Protection of judges and judicial officers from personal liability.

34Languages of the Court.

35Judgments of the Court.

36Power to punish for contempt of Court.

37Seal of the Court.

38Representation before the Court.

39Rules.

40Consequential amendments.

41Code of conduct for judges of the Court.

1797 2015 High Court (Organization and Administration) No.

27 THE HIGH COURT (ORGANIZATION AND ADMINISTRATION) ACT AN ACT of Parliament to give effect to Article 165(1) (a) and (b) of the Constitution; to provide for the organization and administration of the High Court of Kenya and for connected purposes ENACTED by Parliament of Kenya, as follows PART IPRELIMINARY 1.

This Act may be cited as the High Court Short title.

Organization and Administration Act, 2015.

2.

In this Act, unless the context otherwise requires Interpretation.

"administrative function" in relation to the Chief Justice, Principal Judge, presiding judge or a judge means the discharge of non judicial functions assigned under this or other law, which are necessary to facilitate the exercise of the judicial authority by the Court; "Chief Justice" means the Chief Justice appointed under Article 166 of the Constitution; "Chief Registrar" means the Chief Registrar of the Judiciary referred to in Article 161 of the Constitution; "Commission" means the Judicial Service Commission established under Article 171(1) of the Constitution; "Court" means the High Court of Kenya established by Article 165 of the Constitution; "Division" means a division of the High Court established under section 11; "Principal Judge" means the Principal Judge of the High Court elected pursuant to Article 165(2) of the Constitution; "Presiding Judge" means a Judge presiding over a court station or a division appointed or designated by the Chief Justice under section 8 or 14 "registry" means the registry where all pleadings and supporting documents and all orders and decisions of the Court are recorded and maintained in accordance with the Rules and includes a sub-registry; III 1798 No.

27 High Cour; (Organization and Administration) 2015 "Registrar' means the Registrar of the High Court appointed pursuant to section 18; "subordinate courts" means the courts set out in Article 169(1) of the Constitution; "station" in relation to the Court means a station established pursuant to section 12.

3.

(1) in exercise of its judicial authority, the Court Guiding principles.

shall (a) he guided by the national values and principles set out in Article 10 of the Constitution; (b) he guided by the principles of judicial authority set out in Article 159 of the Constitution; \ be guided by the values and principles of public \LI service set out in Article 232(1)(c), (e) and (f) of the Constitution.; (d) be independent and subject only to the Constitution and the law which they must apply impartially without fear, favour or prejudice; and (e) uphold the Constitution and administer the law without fear, favour or prejudice.

(2) The Court shall develop jurisprudence that respects the Constitution and responds to Kenya's social, economic and political needs.

PART IIORGANIZATION OF THE COURT 4.

(1) The Court shall consist of Constitution of the Court.

(a) the Principal Judge; and (b) not more than two hundred judges appointed in accordance with Article 166(1)(b) of the Constitution (2) The Court shall be deemed to be duly constituted despite any vacancy in the office of the Principal Judge or other judge.

(3) Despite subsection (1)(b), the Commission may, from time to time, conduct or cause to be conducted a judicial needs assessment and recommend a weighted case load formula to determine the number of judges required.

TTT 1799 2015 High Court (Organization and Administration) No.

27 5.

The Court shall exercise Jurisdiction of the Court.

(a) the jurisdiction conferred to it by Article 165(3) and (6) of the Constitution; and (b) any other jurisdiction, original or appellate, conferred to it by an Act of Parliament.

6.

(1) The Principal Judge shall be responsible to the Principal Judge.

Chief Justice for (a) the overall administration and management of the Court; (b) ensuring the orderly and prompt conduct of the business of the Court; (c) the constitution of benches of two or more judges in consultation with the Chief Justice; and (d) undertaking of such other duties as may be assigned by the Chief Justice.

(2) The Principal Judge shall be elected in accordance with Article 165(2) of the Constitution.

(3) The Chief Justice shall make Rules for the election and removal of the Principal Judge.

(4) In the absence of the Principal Judge or in the event of a vacancy in the office of the Principal Judge, the Chief Justice shall appoint an acting Principal Judge, from amongst the presiding judges in Nairobi, to act as the Principal Judge for a period not exceeding sixty days, with effect from the date of appointment.

(5) The chief Registrar shall designate a chief officer and such other members of staff as are necessary to facilitate the discharge of the functions of the Principal Judge.

7.

(1) A Presiding Judge, whether of a station or Presiding judges.

division, shall be responsible to the Principal Judge for the (a) implementation of strategic and policy guidelines; (b) discharge of administrative functions in consultation with Principal Judge; (c) general management and distribution of business before the Court among the judges in a court station or a division; III 1800 No.

27 High Court (Organization and Administration) 2015 (d) facilitation of the efficient functioning of the station or division; (e) facilitation of linkages and effective communication between the court and the court users; and (f) facilitation of the use of effective information communication technology in the respective station or division.

(2) A Presiding Judge shall be the Chairperson and convener of the Court User Committee in the station.

(3) A Presiding Judge shall be responsible to the Principal Judge for (a) the supervision of all the subordinate courts, tribunals and other bodies falling within the regions designated under section 12(3) to be under a station or division; (b) co-ordination of the public relations and promotion of goodwill of the Court; and (c) any other matter that the Principal Judge may direct.

8.

(1) Precedence among judges of the Court and Order of precedence of judges of the judges of courts established under Article 162(2) of the Court.

Constitution shall rank in the following order of seniority (a) the Principal Judge; (b) Presiding Judges of the Court, all of whom shall rank according to the date upon which they were appointed; and (c) judges according to the date upon which they were appointed.

(2) Where two judges or presiding judges were appointed on the same day, their precedence shall be determined according to the order in which their names appeared in the instrument of appointment.

9.

(1) Except as otherwise provided under any written Quorum of the lawl Court.

the Court shall be properly constituted for the purposes of any proceedings before the Court by a single judge.

1801 2015 High Court (Organization and Administration) No.

27 (2) Without prejudice to subsection (1), any matter raising a substantial question of law that falls within the jurisdiction of the Court under Article 165(3)(b) or (d) of the Constitution shall be heard by an odd number of at least three judges, assigned by the Chief Justice.

10.

(1) The Court shall subject to subsections (2), (3) Sittings and recess sessions of the and (9) sit continuously for the trial of criminal cases and Court.

disposal of civil and other legal business of the Court.

(2) Without prejudice to the generality of subsection (1), the sittings of the Court shall be of January to the Thursday before (a) from the 7th Good Friday; (b) from the Wednesday after Easter to the 31g of July; and of December, of August to the 20th (c) from the 15th of every year.

(3) There shall be recess sessions falling during the intervals between the sitting sessions referred to in subsection (2).

(4) The Chief Justice shall, make Rules to establish measures for the disposal of urgent and priority matters during recess.

(5) The sittings of the Court shall be held in such buildings within Kenya as the Chief Justice may, by notice in the Gazette, designate for that purpose.

(6) Despite subsection (5), a sitting of the Court may, where circumstances demand, be held at such place as the Court may deem necessary for the expedient and proper exercise of its judicial authority.

(7) The Chief Justice may, where necessary for the expedient and proper exercise of judicial authority, authorize the sitting of the Court on any day or at any time.

(8) The proceedings of the Court held outside the Court House shall be valid, in every respect, as if the proceedings had been held in any such Court House.

(9) The Chief Justice shall prescribe Rules to ensure that matters are disposed of within twelve months from the date the Court first sets the matters down for hearing.

1802 No.

27 High Court (Organization and Administration) 2015 11.

(1)' For purposes of promoting effectiveness and Establishment of efficiency in the administration of justice and promoting Divisions.

judicial performance, the Chief Justice may, where the workload and the number of judges in a station permit, establish any of the following divisions (a) the Family and Children Division; (b) the Commercial Division; (c) the Admiralty Division; (d) the Civil Division; (e) the Criminal Division; (f) the Constitutional and Human Rights Division; (g) the Judicial Review Division; and (h) any other division as the Chief Justice may, on the advice of the Principal Judge determine.

(2) Every division of the Court shall consist of (a) a Presiding Judge designated by the Chief Justice as the head of the Division; (b) such number of judges as the Chief Justice may determine; (c) a Deputy Registrar who shall be responsible to the Presiding Judge in the discharge of the functions.

of the office; and (d) officers appointed under section 24.

12.

(1)' The Chief Justice shall, in consultation with Distribution of the Principal Judge,, facilitate reasonable and, equitable stations of the Court.

access.

of the services of the Court and establish at least one station of the Court in every county.

(2) A station of the Court shall consist of (a) a Presiding Judge, appointed by the Chief Justice from amongst the judges of the Court, who shall be head of the station; (b) such number of judges as the Chief Justice may, in consultation with the Principal Judge, determine; (c), a Deputy Registrar who shall be responsible to the Presiding Mtge in the discharge of the functions of the office; and 1803 2015 High Court (Organization and Administration) No.

27 (d) officers appointed under section 24.

(3) The filing of appeals, bail applications, and references from the subordinate courts, tribunals and other bodies or authorities within the regions designated by the Chief Justice under the Rules, shall be made at the High Court station with the corresponding supervisory jurisdiction.

13.

(1) The Chief Justice may, whenever it is Transfer and deployment of necessary for purposes of promoting effective, prompt and judges.

efficient discharge of judicial service (a) transfer a judge from one station to another; or (b) deploy a judge from one division to another.

(2) For the purpose of effective hand-over, a judge shall report at the new duty station within three months from the date on which he or she was notified of the transfer.

(3) The Chief Justice shall take into account the expertise and legal specialization in the deployment of judges under subsection (1) (b).

(4) The Chief Justice may assign special duties to any judge for the purposes of exercising judicial authority.

14.

(1) There is established in respect of every station Leadership and a leadership and management team which shall, in so far as management teams.

is reasonably practicable, comprise of (a) the Presiding Judge who shall be the Chairperson; (b) a judge in the station; (c) the Deputy Registrar who shall be the secretary; (d) the most senior magistrate in the station appointed by the Presiding Judge; (e) an officer nominated by the staff in the station and appointed by the Presiding Judge; and (t) any other person who may be co-opted by the leadership and management team.

(2) The leadership and management team shall be the advisory body to the Presiding Judge in respect of implementation of policy, practice and inanagernehi 1804 2015 High Court (Organization and Administration) No.

27 matters in the station for the effective administration of justice.

(3) The team shall meet at least once every quarter and may, subject to this Act and any guidelines issued by the Principal Judge, regulate its own procedure.

(4) The team shall, after every six months, prepare and submit to the Principal Judge a report containing such particulars as the Principal Judge may determine.

15.

(1) The Principal Judge may, in consultation with Circuit courts.

the Chief Justice, designate circuit courts and sub-registries to hold sessions in different areas for the disposal of business of the Court.

(2) For the purposes of this section, the Chief Justice may, by notice in the Gazette, establish any area to be a High Court circuit.

PART HIADMINISTRATION OF THE COURT 16.

The Chief Justice may issue practice directions Role of the Chief Justice as the head and written guidelines to judges and judicial officers to of Judiciary.

(a) ensure the application of constitutional values and principles; (b) foster the relationship between judges, judicial officers and judicial staff by establishing linkages and promoting teamwork; (c) harmonize the judicial and administrative functions of the Court; (d) oversee the application of norms and standards of judges and judicial officers in service delivery; and (e) provide for any other matter affecting the dignity, accessibility, effectiveness, expeditious disposal of matters or the functioning of the courts.

17.

The Chief Registrar shall be responsible to the Role of the Chief Chief Justice for the overall administration and Registrar.

management of the Court.

18.

(1) There shall be a Registrar of the High Court Registrar of the and such number of Deputy Registrars of the High Court as Court.

the Judicial Service Commission may determine.

1805 2015 High Court (Organization and Administration) No.

27 (2) The Registrar shall be stationed in Nairobi and shall be assisted by two Deputy Registrars.

(3) In the absence of the Registrar, a Deputy Registrar shall undertake the functions of the Registrar.

(4) There shall be deployed a Deputy Registrar at every station and division of the Court.

(5)In the absence of the Registrar, a Deputy Registrar shall exercise the functions of the office of the Registrar.

19.

A person shall be qualified for appointment as the Qualification for appointment of the Registrar if that person Registrar of the (a) is an advocate of the High Court of Kenya; and Court.

(b) has, since admission to the Roll of Advocates attained at least five years' experience as a legal practitioner.

20.

(1) The Registrar shall perform such duties as the Functions and powers of the Chief Registrar or the Principal Judge may direct, and in Registrar.

particular shall be responsible for (a) the setting up of the registry and maintenance of the registers of the Court as required under this or other law; (b) the day to day administration and management of the Court; (c) the overseeing of support services in the Court including the planning, development and the organization of staff; (d) the monitoring of administration and office procedures to uphold efficiency and quality of service; (e) the planning, preparation and implementation of the budget of the Court; (f) the preparation of reports and proposals on administrative issues as may be required from time to time; (g) overseeing the procurement and disposal of assets; (h) the acceptance, transmission, service and custody of documents in accordance with the law; 1806 High Court (Organization and Administration) 2015 No.

27 (i) the facilitation of the enforcement of the decisions of the Court; (j) the certification of any order, direction or decision as an order, direction or decision of the Court, the Chief justice or a Judge, as the case may be; (k) causing to be kept records of the proceedings and minutes of the meetings of the Court and such other records as the Court may direct; (1) the management of the library of the Court; (m) the facilitation of access to judgments and records of the Court; and (n) the performance of such other duties as may be assigned by the Chief Registrar from time to time.

(2) The Registrar, Deputy Registrars and assistant registrars shall work under the general directions of the Chief Registrar and shall have all the powers necessary for the execution of their functions of office under this Act.

21.

(1) The Deputy Registrars shall be responsible to Functions of Deputy the Presiding judge and the Registrar for Registrars.

(a) the administration and management of a station or division; (b) case management within the station or division; (c) efficient management of the day-to-day operations and administration of human resources in the station or division; (d) performing judicial functions as may be assigned by the Chief Registrar pursuant to the provisions of any law; (e) supporting the judges in the station or division through supervision and coordination of the operations of the registry , (0 accounting for any service in respect of which monies have been allocated and for which issues are made from the Fund; (g) planning, preparing, implementing and monitoring the budget and collecting and 1807 High Court (Organization and Administration) No.

27 accounting for revenue in the station or division; and (h) any other function as may be assigned by a judge or Registrar.

(2) In relation to the proceedings before the Court, the Deputy Registrar may consider and dispose off procedural or administrative matters in accordance with the Rules or on the direction of the Principal Judge.

22.

(1) Any person aggrieved by a decision of the Review of decisions Registrar or Deputy Registrar on matters relating to judicial of the Registrar.

functions of the Court may apply for review by a Judge of the Court in accordance with the Rules.

(2) A Judge may confirm, vary or reverse the decision of the Registrar referred to in subsection (1).

23.

(1) There is established the High Court Advisory High Court Advisory Committee which shall be responsible for the making of Committee.

recommendations to the Commission in respect of judicial policy, practice and training and capacity building for judges and officers of the Court (2) The Committee shall comprise of (a) the Principal Judge who shall be the Chairperson; (b) three Presiding Judges nominated by the Principal Judge through a rotational arrangement amongst Presiding Judges of the Court.; and (c) the Registrar of the Court.

(3) The Committee may (a) co-opt any other person as a member; (b) appoint from amongst its members a vice- chairperson; and (c) regulate its own procedures.

(4) The chief officer in the office of the Principal Judge shall provide secretarial services to the Committee.

(5) The Committee shall meet at least once in each session of the Court and shall maintain a record of its meetings.

24.

(1) Every Court station or division shall have such Staff of the Court number of staff as the Chief Registrar may, in consultation with the Principal Judge, determine.

1808 High Court (Organization and Administration) 2015 No.

27 (2) The officers appointed under subsection (1) shall perform such duties as may be assigned to them under the general direction of the Chief Registrar.

PART IVPROCEDURES OF THE COURT 25.

The Court shall exercise its jurisdiction in Practice and procedure of the accordance with the rules of practice and procedure Court.

prescribed by written law.

26.

(1) In civil proceedings before the Court, the Court Alternative dispute may promote reconciliation amongst the parties thereto and resolution.

shall encourage and permit the amicable settlement of any dispute.

(2) The Court shall, in relation to alternative dispute resolution be guided by the Rules developed for that purpose.

(3) Nothing in this Act may be construed as precluding the Court from adopting and implementing, on its own motion, with the agreement of or at the request of the parties, any other appropriate means of alternative dispute resolution including conciliation, mediation and traditional dispute resolution mechanisms in accordance with Article 159(2)(c) of the Constitution.

(4)Where an alternative dispute resolution mechanism is a condition precedent to any proceedings before the Court, the Court shall by order, stay the proceedings until the condition is fulfilled.

PART VGENERAL PROVISIONS 27.

(1) The Principal Judge shall implement and Case management.

promote measures to maintain the integrity of the registry and the work of each court station or division including (a) case management; (b) automation of records and business processes of the Court; (c) protection and sharing of information; and (d) the promotion of the use of information communication technology.

(2) The Chief justice may make Rules to give effect to this section including the role of Deputy Registrars and registries in the management of caseloads.

1809 2015 High Court (Organization and Administration) No.

27 28.

(1) The Registrar shall maintain a uniform record Records of the court keeping system in the Court specifying the form, style, storage, maintenance and retrieval of records.

(2) The Chief Justice may make Rules and issue directions to give effect to this section.

29.

The Principal Judge shall, upon consultation with Performance management the Commission, oversee the implementation of a inspections and performance management system comprising of monitoring.

performance contracting, appraisal and evaluation of the judges of the Court in the discharge of their mandate, in accordance with the provisions of the Constitution, this Act and any other law.

30.

(1) Every judge of the Court shall sign and ascribe Ethics and integrity.

to the Judicial Code of Conduct.

(2) The Principal Judge shall monitor the compliance with the judicial code of conduct by judges and judicial officers.

31.

(1) At least three months before the Budget and funding commencement of each financial year, the Registrar shall of the Court.

prepare estimates of all expenditure required for purposes of this Act or other law for the next financial year, and submit them to the Chief Registrar for inclusion in the annual estimates of the Judiciary.

(2) The Chief Registrar shall, allocate adequate resources to facilitate the effective discharge of the functions of the Court.

32.

The Chief Justice may establish or approve the Welfare of Judges establishment of such committees or associations as may and judicial officers.

be necessary for the promotion of the welfare, collegiality, working conditions, mentorship and peer-review and other interactions between judges, magistrates and members of tribunals.

33.

(1) Subject to the Constitution, no judge or other Protection of judges and Judicial officers judicial officer acting judicially shall be liable to be sued in from personal a civil court for an act done or ordered by the judge or liability.

person in the discharge of judicial duty, provided that it is done in good faith.

(2) No officer of a court or other person bound to execute the lawful warrants, orders or other process of a judge or such person shall be liable to be sued in any court 1 1810 No.

27 High Court (Organization and Administration) 2015 for the execution of a warrant, order or process which the officer would have been bound to execute if within the jurisdiction of the person issuing it.

34.

(1) The official languages of the Court are English Languages of the and Kiswahili.

Court.

(2) The Court shall, in appropriate cases, facilitate the use of other languages, by parties, including the Kenyan Sign language, Braille and other communication formats and technologies accessible to persons with disabilities.

(3) Where it is expedient and appropriate to do so, the Court may direct that proceedings be conducted and appearances be made through electronic means of communication, including tele-conferencing, video- conferencing or other modes of electronic or digital communication.

35.

(1) A judgment of the Court shall be prepared, Judgments of die signed, dated and delivered in the manner prescribed by C04111.

written law.

(2) Where the judge presiding over a trial is unable to be present due to illness, absence, transfer or other reason, to read the judgment written by the judge, the judge shall sign and date the judgment or ruling for delivery by another judge.

(3) Where the bench of the Court is comprised of more than one judge, the judgment of the court shall be in accordance with the opinion of the majority of the judges hearing the proceedings.

(4) Where a matter is heard before a bench of the Court and judgment reserved for delivery on another day or time, it shall not be necessary for all the judges before whom the matter was heard to be present in Court on the day or time appointed for the delivery of the judgment.

(5) A minority opinion of a judge shall be signed and dated but need not be pronounced in open court unless one or more parties so demand.

36.

(1) A person who Power to punish for contempt of Court.

(a) assaults, threatens, intimidates or wilfully insults a judge, judicial officer or a witness, involved in a case during a sitting or attendance in a court, or 1811 2015 High Court (Organization and Administration) No.

27 while the judge, judicial officer or witness is travelling to and from a court; (b) wilfully and without lawful excuse disobeys an order or directions of the court in the course of the hearing of a proceeding; (c) within the premises in which any judicial proceeding is being heard or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being heard or taken; (d) having been called upon to give evidence in a judicial proceeding, fails to attend, or having attended refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being heard or taken after the witnesses have been ordered to leave such room; (e) causes an obstruction or disturbance in the course of a judicial proceeding; (f) while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority taken; (g) publishes a report of the evidence taken in any judicial proceeding that has been directed to be held in private; (h) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he or she has given evidence in connection with such evidence; (i) dismisses a servant because he or she has given evidence on behalf of a party to a judicial proceeding; or (j) commits any other act of intentional disrespect to any judicial proceedings, or to any person before whom such proceeding is heard or taken, commits an offence.

1812 High Court (Organization and Administration) 2015 No.

27 (2) A police officer may, by order of the Court, take into custody and detain a person who commits an offence under subsection (1) until the Court adjourns.

(3) A person who commits an offence under subsection (1) shall on conviction be liable to imprisonment for a term not exceeding five days, or to a fine not exceeding one hundred thousand shillings, or to both.

(4) In exercise of its powers under this section, the Court shall observe the principles of fair administration of justice set out in Article 47 of the Constitution.

37.

(1) The seal of the Court shall be such a device as Seal of the Court.

may be approved by the Chief Justice and shall bear the inscription "The High Court of Kenya".

(2) The seal shall be kept in the custody of the Registrar and the duplicate thereof shall be kept by each of the deputy Registrars or other officers of the Court as the Registrar may in writing determine.

(3) The seal of the Court shall be used in accordance with the provisions of any law or Rules of the Court.

38.

(1) Parties may appear in person or be represented Representation by an advocate in all proceedings before the Court.

before the Court.

(2) Pursuant to Article 50 (7) of the Constitution, the Court may, in the interest of justice, allow an intermediary to assist a complainant or an accused person to communicate with the Court.

(3) In this section "intermediary" means a person authorized by the court, on account of his or her expertise or experience, to give evidence on behalf of a vulnerable witness and may include a parent, relative, psychologist, counsellor, guardian, children's officer or social worker.

39.

(1) The Chief Justice may make Rules generally Rules.

for the effective organization and administration of the High Court.

(2) Without prejudice to the generality of subsection (1), such Rules may provide for the (a)conduct of the election of the Principal Judge; (b) procedure of removal of the President of the Court; 1813 2015 High Court (Organization and Administration) No.

27 (c) disposal of urgent and priority matters during Court recess; (d) disposal of matters within twelve months from the date the Court sets the matters down for hearing; (e) automation of Court records, case management, protection and sharing of Court information and the use of information communication technology; (f) form, style, storage, maintenance and retrieval of Court records; and (g) procedure relating to contempt of court.

(3) For the purposes of Article 94 (6) of the Constitution (a) the purpose and objective of the delegation under this section is to enable the Chief Justice to make rules to provide for the better administration and organization of the Court; (b) the authority of the Chief Justice to make rules under this Act is limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; (c) the principles and standard applicable to the rules made under this section are those set out in the Interpretations and General Provisions Cap.

2.

Act and the Statutory Instruments Act, 2013.

No.

23 of 2013 40.

The laws set out in the first column of the Consequential Schedule are amended, in relation to the provisions amendments.

specified in the second column of that Schedule, in the manner specified in the third column of the Schedule.

41.

The Chief Justice shall, within six months of the Code of Conduct for commencement of this Act, prescribe the code of conduct judges of the Court.

applicable to a judge of the Court.

1814 No.

27 High Court (Organization and Administration) 2015 SCHEDULE (s.

40) Written Law Provision Amendment Judicature Act s.

7(2) Delete (Cap.

8) s.

8 (1)(ii) Delete Criminal s.

359(1) Delete the words Procedure Code "two judges" (Cap.

75) appearing immediately after the word "by" and substitute therefor the words "one judge".

Judicial Service s.

6(3) Delete the words Act, 2011 (No.

1 "County judge and of 2011) head of High Court Division" appearing immediately before the word "shall" and substitute therefor the words "presiding judge" and; s.

6(4) Delete the words "County judge" appearing immediately before the word "shall" and substitute therefor the words "presiding judge".

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Is M-Wakili accurate?

Yes, M-Wakili is designed to provide accurate and reliable responses based on Kenyan Law and is considered more accurate than almost all AI models including ChatGPT. Additionally, it is constantly being updated and improved to ensure it is aware of the occurring changes in the laws and regulations.
If you find any model that is more accurate than M-Wakili, please let us know and we might give you a free subscription or a *refund. (We reserve the right to determine the accuracy of the model and if you should be given a refund or free subscription. Our terms and conditions apply.)

Who can use M-Wakili?

Everyone can use M-Wakili. Lawyers and law students can use it as a legal research tool, and the general public can use it to get answers to their legal queries.

How can I access M-Wakili?

You can access M-Wakili through our website. Just type in your question, and M-Wakili will provide the answers.

Is M-Wakili a substitute for a human lawyer?

No it cannot and will not be, M-Wakili is designed to assist and provide legal information and is great at that. However, there are still situations where the expertise and personal touch of a real lawyer is necessary, such as in court representation and negotiations.
Fun fact, most of our paying users are lawyers! They use M-Wakili to help them with legal research and analysis.

Is AI going to replace lawyers?

No. M-Wakili AI is great for helping real-life lawyers with legal work and assisting people in understanding legal problems, providing many ways how to handle them. However, AI cannot replace the human touch of a real lawyer. There are still situations where the expertise and personal touch of a real lawyer is necessary, such as in court representation and negotiations.
In fact, most of our paying users are lawyers! They are excited about the possibilities of AI in the legal industry and are leveraging it to save time and energy and focus on higher-level tasks.
AI can make the legal market more convenient for both sides by allowing real lawyers to focus on specialized services while using AI to handle certain tasks.

Is my data secure with M-Wakili?

Yes, we prioritize user data privacy and have implemented strict measures to ensure that your data is secure.

Can M-Wakili represent me in court?

Not yet, M-Wakili cannot represent you in court. It can help you understand the law and your legal situation, but you will need a human lawyer for court representation.

Do I need to pay for M-Wakili services?

Currently, we offer basic features for free while premium services require a subscription fee. Please visit our pricing page for more details.

How can M-Wakili help law students?

M-Wakili can assist law students in learning and practicing their legal research and analysis skills. It may also offer insights into current legal trends and issues, helping prepare them for their future in law.

What does "HHH" mean?

Helpful, Honest, and Harmless (HHH) are three components of building AI systems (like M-Wakili) that are aligned with people’s interests.
- Helpful: M-Wakili wants to genuinely help the user
- Honest: M-Wakili shares information it believes to be true, and avoids made-up information
- Harmless: M-Wakili will not cooperate in aiding the user in harmful activities or lead the user to harms way