Court of Appeal (Organization and Administration) Act

Section 1. Short title Section This Act may be cited as the Court of Appeal (Organization and Administration) Act.

Section 2. Interpretation Section the President of the Court;

Section 3. Guiding principles Section 3(1)(a) be guided by the national values and principles set out in Article 10 of the Constitution; Section 3(1)(b) be guided by the principles of judicial authority set out in Article 159 of the Constitution; Section 3(1)(c) be guided by the values and principles of public service set out in Article 232(1)(c), (e) and (f) of the Constitution; Section 3(1)(d) be independent and subject only to the Constitution and the law, which it shall apply impartially without fear, favour or prejudice; Section 3(1)(e) not be subject to any person or authority; and Section 3(1)(f) uphold the Constitution and administer the law without fear, favour or prejudice. Section 3(2) The Court shall develop jurisprudence that respects the Constitution and responds to Kenya's social, economic and political needs.

Section 4. Constitution of the Court Section 4(1)(a) the President of the Court; and Section 4(1)(b) not less than twelve judges appointed in accordance with Articles 164(1)(a), 166(1)(b) and 166(4) of the Constitution. Section 4(2) The Court shall be deemed to be duly constituted despite any vacancy in the office of the President of the Court or other judge. Section 4(3) Despite subsection (1)(b), the Commission may, from time to time, conduct or cause to be conducted a judicial needs assessment and recommend the appropriate number of judges required for appointment to the Court.

Section 5. Jurisdiction of the Court Section The Court shall exercise the jurisdiction conferred on it by Article 164(3) of the Constitution.

Section 6. Stations of the Court Section 6(1) The Chief Justice may, in consultation with the President of the Court, establish such number of stations at such places as may be necessary to ensure equitable access to the judicial services of the Court. Section 6(2)(a) a presiding judge; Section 6(2)(b) such number of judges as the Chief Justice may, in consultation with the President of the Court, determine; Section 6(2)(c) a Deputy Registrar who shall be responsible to the presiding judge for the discharge of the administrative functions of the Court; and Section 6(2)(d) such number of officers as may be appointed in accordance with section 23 .

Section 7. Divisions of the Court Section 7(1) The President of the Court may, in consultation with the Chief Justice, organize the Court into such divisions as may be necessary for specialized and expeditious disposal of appeals before it. Section 7(2) Each division of the Court shall, where established, be headed by the senior most judge in that division.

Section 8. Presiding Judge Section overseeing the administration of the Court in that station; and

Section 9. Seniority of Judges Section 9(1)(a) the President of the Court; Section 9(1)(b) presiding judges of the Station or Court, all of whom shall rank according to the date upon which they were appointed as judges of appeal; and Section 9(1)(c) other judges, according to the date upon which they were appointed. Section 9(2) Where two judges or presiding judges were appointed on the same day, their seniority shall be determined according to the order in which their names appeared in the instrument of appointment. Section 9(3) In relation to each session of the Court, the senior most judge shall be the presiding judge of that session of the Court, Provided that where the President of the Court is sitting in any session of the Court, the President of the Court shall be the presiding judge at that Station.

Section 10. President of the Court Section 10(1) The President of the Court shall be elected in accordance with Article 164(2) of the Constitution. Section 10(2) In the absence of the President of the Court or in the event of a vacancy in the office of the President of the Court, the Chief Justice shall appoint one judge from among the presiding judges in Nairobi, to act as the President of the Court for a period not exceeding twenty-one days, with effect from the date of appointment.

Section 11. Election of the President of the Court Section 11(1) The Chief Justice shall, in consultation with the judges of the Court, make rules for the conduct of the election of the President of the Court. Section 11(2) Whenever a vacancy occurs in the office of the President of the Court, the Chief Registrar shall, within fourteen days of the occurrence of that vacancy, convene a meeting of all judges of the Court for the purpose of electing the President of the Court. Section 11(3) The President of the Court shall serve for a non-renewable term of five years.

Section 12. Election of the Court's representative to the Judicial Service Commission Section the conduct of the election of the representative of the Court to the Judicial Service Commission; and

Section 13. Functions of the President of the Court Section 13(1)(a) be the head of the Court and shall, in that regard, oversee proper management and administration of the Court; Section 13(1)(b) be responsible for the allocation of cases and the constitution of benches, including ordinary and extraordinary benches, of the Court; and Section 13(1)(c) in consultation with the Chief Registrar, be responsible for giving general directions for the administration of the Court. Section 13(2)(a) issuing practice directions on conduct of litigation in the Court; Section 13(2)(b) developing guidelines that ensure the expeditious disposal of cases; Section 13(2)(c) approval of leave and absence from duty of a judge; Section 13(2)(d) determination, in consultation with the Chief Justice, of the location of the sittings of the Court; and Section 13(2)(e) the maintenance of the honour and dignity of the Court. Section 13(3) In the absence of the President of the Court, his or her functions shall be exercised by the senior most judge of the Court for the time being stationed at the Office of the President of the Court.

Section 14. Station of the presidency of the Court Section The Office of the President of the Court shall be located in Nairobi.

Section 15. Removal of the President of the Court Section 15(1) The President of the Court may be removed from office by a vote at which more than half of all the judges of the Court in office at the time of removal are voting. Section 15(2)(a) generally neglecting his or her duties as the President of the Court; or Section 15(2)(b) failure to satisfactorily discharge the responsibilities of that office under section 13 . Section 15(3) A judge who desires the removal of the President of the Court shall give notice, in writing through the Registrar, stating the reasons for the intended removal. Section 15(4) The notice referred to in subsection (3) shall be signed by at least one-third of all the judges of the Court in office. Section 15(5) The President of the Court facing a vote under this section shall within fourteen days after receipt of the communication under subsection (3) respond, through the Registrar, to the accusations given for his or her intended removal. Section 15(6) The response under subsection (5) shall be communicated by the Registrar to all judges within seven days. Section 15(7) The Chief Justice may make rules to set out the procedure for the removal of the Pr...

Section 16. Exercise of powers of the President of the Court by a presiding judge in a station outside Nairobi, etc. Section 16(1) The powers vested in the President of the Court shall, in respect of the court sitting outside Nairobi, and with the necessary modifications, be exercised by the presiding judge responsible for that court. Section 16(2) In the performance of a function of the President of the Court under subsection (1), the presiding judge shall be responsible to the President of the Court.

Section 17. Committees of the Court Section The Court may establish committees for the purposes of efficient management of its affairs, including the welfare of the judges and staff of the Court.

Section 18. Sittings of the Court Section 18(1) The location of the sittings of the Court shall be determined by President of the Court in consultation with the Chief Justice. Section 18(2) A notification of the location of the sittings of the Court referred to under subsection (1) shall be made in such manner as the Chief Justice may direct. Section 18(3) Notwithstanding subsection (2), nothing shall preclude the Court from disposing of any business in respect of which the location of the sitting of the Court has not been so notified.

Section 19. Establishment and organization of court registry Section 19(1) There is established a registry of the Court which shall be located in Nairobi. Section 19(2) There shall be a sub-registry for each station of the Court outside Nairobi, and at any other place the Court may determine. Section 19(3) The Registrar shall put in place reasonable measures to ensure that the registry and every sub-registry of the Court are adequately facilitated to effectively undertake their functions.

Section 20. Registrar and Deputy Registrars Section 20(1) There shall be a Registrar of the Court and such number of Deputy Registrars of the Court as may be appointed under the Judicial Service Act (Cap. 8A). Section 20(2) The Registrar shall be stationed in Nairobi and shall be assisted by a Deputy Registrar. Section 20(3) In the absence of the Registrar, the Deputy Registrar shall undertake the function of the Registrar. Section 20(4) There shall be deployed a Deputy Registrar at every station of the Court. Section 20(5) Each Deputy Registrar shall perform such functions as the Registrar of the Court may assign to them. Section 20(6) Each Deputy Registrar shall be responsible for the management of the respective sub-registries of the Court.

Section 21. Qualifications for appointment of the Registrar of the Court Section served for at least eight years as a professionally qualified magistrate; or

Section 22. Functions of the Registrar Section 22(1)(a) the day-to-day administration of the Court; Section 22(1)(b) the management of the Registry of the Court and ensuring the management of the sub-registries of the stations of the Court; Section 22(1)(c) the acceptance, transmission, service and custody of documents in accordance with the Rules; Section 22(1)(d) preparation of the cause list; Section 22(1)(e) facilitating the enforcement of the decisions of the Court; Section 22(1)(f) certifying that any order, direction or decision is an order, direction or decision of the Court, the President of the Court or of a judge, as the case may be; Section 22(1)(g) the maintenance of the registers of the Court; Section 22(1)(h) 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; Section 22(1)(i) managing and supervising the staff of the Court; Section 22(1)(j) managing the library of the Court; Section 22(1)(k) facilitating access to judgments and records of the Court; Section 22(1)(l) undertaking maintenance of the equipment of the Court; Section 22(1)(m) in liaison with the relevant agencies, ensuring...

Section 23. Staff of the Court Section The Commission shall appoint such number of staff as may be necessary for the effective discharge of the functions of the Court.

Section 24. Supporting resource structures Section 24(1) At least three months before the commencement of each financial year, the Registrar shall prepare estimates of all expenditure required for purposes of this Act or other law for the following year, and submit them to the Chief Registrar for inclusion in the annual estimates of the Judiciary. Section 24(2) The Chief Registrar shall take reasonable measures to ensure that the Court is facilitated to effectively discharge its functions.

Section 25. Seal of the Court Section 25(1) The seal of the Court shall be such device as may be approved by the Chief Justice and shall bear the inscription "The Court of Appeal of Kenya". Section 25(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. Section 25(3) The seal of the Court shall be used in accordance with the provisions of any law or the Rules.

Section 26. Court recess Section 26(1)(a) from the Wednesday before Good Friday to the Wednesday after Easter Monday, inclusive; Section 26(1)(b) from 1st August to 15th August, inclusive; and Section 26(1)(c) from 21st December to 12th January, inclusive. Section 26(2) The President of the Court shall, in consultation with the Chief Justice, determine the conduct of the business of the Court during the Court recess. [Act No. 11 of 2017 , Sch.]

Section 27. Transfer of judges Section The transfer of judges from one station to another shall be in accordance with an administrative policy determined by the Commission.

Section 28. Practice and procedure of the Court Section The Court shall exercise its jurisdiction in accordance with the rules of practice and procedure prescribed by written law.

Section 29. Case Management Section 29(1)(a) case management; Section 29(1)(b) automation of records and business processes of the Court; Section 29(1)(c) protection and sharing of information; and Section 29(1)(d) the promotion of the use of information communication technology. Section 29(2) The Chief Justice may make rules to give effect to this section including the role of the Deputy Registrars and registries in the management of caseloads.

Section 30. Records of the court Section 30(1) The Registrar shall maintain a uniform record keeping system in the Court specifying the form, style, storage, maintenance and retrieval of records. Section 30(2) The Chief Justice may make Rules and issue directions to give effect to this section.

Section 31. Performance management inspections and monitoring Section The presiding judge shall upon consultation with the Commission oversee the implementation of a performance management system comprising of 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 of other law.

Section 32. Ethics and integrity Section 32(1) Every judge of the Court shall sign and ascribe to the Judicial Code of Conduct. Section 32(2) The presiding judge shall monitor the compliance with the Judicial Code of Conduct by judges and judicial officers.

Section 33. Languages of the Court Section 33(1) The official languages of the Court shall be English and Kiswahili. Section 33(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. Section 33(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.

Section 34. Judgements of the court Section 34(1) A judgment of the Court shall be prepared, signed, dated and delivered in the manner prescribed by written law. Section 34(2) 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.

Section 35.[Deleted by ActNo. 46 of 2016, s. 40.]

Section 36. Access to justice Section The Court shall ensure reasonable access to its services in all parts of the Republic.

Section 37. Protection of judges and Judicial officers from personal liability Section 37(1) Subject to the Constitution, no judge or other judicial officer acting judicially shall be liable to be sued in a civil court for an act done or ordered by the judge or person in the discharge of judicial duty, provided that it is done in good faith. Section 37(2) No officer of a court or other person bound to execute the lawful warrants, orders or other process of a judge shall be liable to be sued in any court for the execution of such warrant, order or process which such officer or person would have been bound to execute if within the jurisdiction of the judge issuing it.

Section 38. Rules Section 38(1) The Chief Justice may, in consultation with the President of the Court, make rules generally for the better administration and organization of the Court. Section 38(2)(a) conduct of the election of the President of the Court; Section 38(2)(b) procedure of removal of the President of the Court; Section 38(2)(c) form of notification of the sittings of the Court; Section 38(2)(d) disposal of urgent and priority matters during Court recess; Section 38(2)(e) automation of Court records, case management, protection and sharing of Court information and the use of information communication technology; Section 38(2)(f) form, style, storage, maintenance and retrieval of Court records; and Section 38(2)(g) the procedure relating to contempt of court. Section 38(3)(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 organisation of the Court; Section 38(3)(b) the authority of the Chief Justice to make rules under this Act will be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; Section 38...

Section 39. Code of Conduct for judges of the Court Section The Chief Justice shall, within six months of the commencement of this Act, prescribe the code of conduct applicable to a judge of the Court.