High Court (Organization and Administration) Act

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

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "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 Co...

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 they must apply impartially without fear, favour or prejudice; and Section 3(1)(e) 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 Principal Judge; and Section 4(1)(b) not more than two hundred judges appointed in accordance with Article 166(1)(b) of the Constitution. Section 4(2) The Court shall be deemed to be duly constituted despite any vacancy in the office of the Principal Judge 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 a weighted case load formula to determine the number of judges required.

Section 5. Jurisdiction of the Court Section the jurisdiction conferred to it by Article 165(3) and (6) of the Constitution; and

Section 6. Principal Judge Section 6(1)(a) the overall administration and management of the Court; Section 6(1)(b) ensuring the orderly and prompt conduct of the business of the Court; Section 6(1)(c) the constitution of benches of two or more judges in consultation with the Chief Justice; and Section 6(1)(d) undertaking of such other duties as may be assigned by the Chief Justice. Section 6(2) The Principal Judge shall be elected in accordance with Article 165(2) of the Constitution. Section 6(3) The Chief Justice shall make Rules for the election and removal of the Principal Judge. Section 6(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. Section 6(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.

Section 7. Presiding judges Section 7(1)(a) implementation of strategic and policy guidelines; Section 7(1)(b) discharge of administrative functions in consultation with Principal Judge; Section 7(1)(c) general management and distribution of business before the Court among the judges in a court station or a division; Section 7(1)(d) facilitation of the efficient functioning of the station or division; Section 7(1)(e) facilitation of linkages and effective communication between the court and the court users; and Section 7(1)(f) facilitation of the use of effective information communication technology in the respective station or division. Section 7(2) A Presiding Judge shall be the Chairperson and convener of the Court User Committee in the station. Section 7(3)(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; Section 7(3)(b) co-ordination of the public relations and promotion of goodwill of the Court; and Section 7(3)(c) any other matter that the Principal Judge may direct.

Section 8. Order of precedence of judges of the Court Section 8(1)(a) the Principal Judge; Section 8(1)(b) Presiding Judges of the Court, all of whom shall rank according to the date upon which they were appointed; and Section 8(1)(c) judges according to the date upon which they were appointed. Section 8(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.

Section 9. Quorum of the Court Section 9(1) Except as otherwise provided under any written law, the Court shall be properly constituted for the purposes of any proceedings before the Court by a single judge. Section 9(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.

Section 10. Sittings and recess sessions of the Court Section 10(1) The Court shall subject to subsections (2), (3) and (9) sit continuously for the trial of criminal cases and disposal of civil and other legal business of the Court. Section 10(2)(a) from the 14th January to the second Wednesday before Good Friday; Section 10(2)(b) from the Wednesday after Easter to the 31st of July; and Section 10(2)(c) from the 16th September to the 20th December. Section 10(3) There shall be recess sessions falling during the intervals between the sitting sessions referred to in subsection (2). Section 10(4) The Chief Justice shall, make Rules to establish measures for the disposal of urgent and priority matters during recess. Section 10(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. Section 10(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. Section 10(7) The Chief Justice may, where necessary for the expedient and proper exercise of judi...

Section 11. Establishment of Divisions Section 11(1)(a) the Family and Children Division; Section 11(1)(b) the Commercial Division; Section 11(1)(c) the Admiralty Division; Section 11(1)(d) the Civil Division; Section 11(1)(e) the Criminal Division; Section 11(1)(f) the Constitutional and Human Rights Division; Section 11(1)(g) the Judicial Review Division; and Section 11(1)(h) any other division as the Chief Justice may, on the advice of the Principal Judge determine. Section 11(2)(a) a Presiding Judge designated by the Chief Justice as the head of the Division; Section 11(2)(b) such number of judges as the Chief Justice may determine; Section 11(2)(c) a Deputy Registrar who shall be responsible to the Presiding Judge in the discharge of the functions of the office; and Section 11(2)(d) officers appointed under section 24 .

Section 12. Distribution of stations of the Court Section 12(1) The Chief Justice shall, in consultation with the Principal Judge, facilitate reasonable and equitable access of the services of the Court and establish at least one station of the Court in every county. Section 12(2)(a) a Presiding Judge, appointed by the Chief Justice from amongst the judges of the Court, who shall be head of the station; Section 12(2)(b) such number of judges as the Chief Justice may, in consultation with the Principal Judge, determine; Section 12(2)(c) a Deputy Registrar who shall be responsible to the Presiding Judge in the discharge of the functions of the office; and Section 12(2)(d) officers appointed under section 24 . Section 12(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.

Section 13. Transfer and deployment of judges Section 13(1)(a) transfer a judge from one station to another; or Section 13(1)(b) deploy a judge from one division to another. Section 13(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. Section 13(3) The Chief Justice shall take into account the expertise and legal specialization in the deployment of judges under subsection (1)(b). Section 13(4) The Chief Justice may assign special duties to any judge for the purposes of exercising judicial authority.

Section 14. Leadership and management teams Section 14(1)(a) the Presiding Judge who shall be the Chairperson; Section 14(1)(b) a judge in the station; Section 14(1)(c) the Deputy Registrar who shall be the secretary; Section 14(1)(d) the most senior magistrate in the station appointed by the Presiding Judge; Section 14(1)(e) an officer nominated by the staff in the station and appointed by the Presiding Judge; and Section 14(1)(f) any other person who may be co-opted by the leadership and management team. Section 14(2) The leadership and management team shall be the advisory body to the Presiding Judge in respect of implementation of policy, practice and management matters in the station for the effective administration of justice. Section 14(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. Section 14(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.

Section 15. Circuit courts Section 15(1) The Principal Judge may, in consultation with the Chief Justice, designate circuit courts and sub-registries to hold sessions in different areas for the disposal of business of the Court. Section 15(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.

Section 16. Role of the Chief Justice as the head of Judiciary Section ensure the application of constitutional values and principles;

Section 17. Role of the Chief Registrar Section The Chief Registrar shall be responsible to the Chief Justice for the overall administration and management of the Court.

Section 18. Registrar of the Court Section 18(1) There shall be a Registrar of the High Court and such number of Deputy Registrars of the High Court as the Judicial Service Commission may determine. Section 18(2) The Registrar shall be stationed in Nairobi and shall be assisted by two Deputy Registrars. Section 18(3) In the absence of the Registrar, a Deputy Registrar shall undertake the functions of the Registrar. Section 18(4) There shall be deployed a Deputy Registrar at every station and division of the Court. Section 18(5) In the absence of the Registrar, a Deputy Registrar shall exercise the functions of the office of the Registrar.

Section 19. Qualification for appointment of the Registrar of the Court Section is an advocate of the High Court of Kenya; and

Section 20. Functions and powers of the Registrar Section 20(1)(a) the setting up of the registry and maintenance of the registers of the Court as required under this or other law; Section 20(1)(b) the day to day administration and management of the Court; Section 20(1)(c) the overseeing of support services in the Court including the planning, development and the organization of staff; Section 20(1)(d) the monitoring of administration and office procedures to uphold efficiency and quality of service; Section 20(1)(e) the planning, preparation and implementation of the budget of the Court; Section 20(1)(f) the preparation of reports and proposals on administrative issues as may be required from time to time; Section 20(1)(g) overseeing the procurement and disposal of assets; Section 20(1)(h) the acceptance, transmission, service and custody of documents in accordance with the law; Section 20(1)(i) the facilitation of the enforcement of the decisions of the Court; Section 20(1)(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; Section 20(1)(k) causing to be kept records of the pr...

Section 21. Functions of Deputy Registrars Section 21(1)(a) the administration and management of a station or division; Section 21(1)(b) case management within the station or division; Section 21(1)(c) efficient management of the day-to-day operations and administration of human resources in the station or division; Section 21(1)(d) performing judicial functions as may be assigned by the Chief Registrar pursuant to the provisions of any law; Section 21(1)(e) supporting the judges in the station or division through supervision and coordination of the operations of the registry; Section 21(1)(f) accounting for any service in respect of which monies have been allocated and for which issues are made from the Fund; Section 21(1)(g) planning, preparing, implementing and monitoring the budget and collecting and accounting for revenue in the station or division; and Section 21(1)(h) any other function as may be assigned by a judge or Registrar. Section 21(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.

Section 22. Review of decisions of the Registrar Section 22(1) Any person aggrieved by a decision of the Registrar or Deputy Registrar on matters relating to judicial functions of the Court may apply for review by a Judge of the Court in accordance with the Rules. Section 22(2) A Judge may confirm, vary or reverse the decision of the Registrar referred to in subsection (1).

Section 23. High Court Advisory Committee Section 23(1) There is established the High Court Advisory Committee which shall be responsible for the making of recommendations to the Commission in respect of judicial policy, practice and training and capacity building for judges and officers of the Court. Section 23(2)(a) the Principal Judge who shall be the Chairperson; Section 23(2)(b) three Presiding Judges nominated by the Principal Judge through a rotational arrangement amongst Presiding Judges of the Court; and Section 23(2)(c) the Registrar of the Court. Section 23(3)(a) co-opt any other person as a member; Section 23(3)(b) appoint from amongst its members a vice-chairperson; and Section 23(3)(c) regulate its own procedures. Section 23(4) The chief officer in the office of the Principal Judge shall provide secretariat services to the Committee. Section 23(5) The Committee shall meet at least once in each session of the Court and shall maintain a record of its meetings.

Section 24. Staff of the Court Section 24(1) Every Court station or division shall have such number of staff as the Chief Registrar may, in consultation with the Principal Judge, determine. Section 24(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.

Section 25. 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 26. Alternative dispute resolution Section 26(1) In civil proceedings before the Court, the Court may promote reconciliation amongst the parties thereto and shall encourage and permit the amicable settlement of any dispute. Section 26(2) The Court shall, in relation to alternative dispute resolution be guided by the Rules developed for that purpose. Section 26(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. Section 26(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.

Section 27. Case management Section 27(1)(a) case management; Section 27(1)(b) automation of records and business processes of the Court; Section 27(1)(c) protection and sharing of information; and Section 27(1)(d) the promotion of the use of information communication technology. Section 27(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.

Section 28. Records of the court Section 28(1) The Registrar shall maintain a uniform record keeping system in the Court specifying the form, style, storage, maintenance and retrieval of records. Section 28(2) The Chief Justice may make Rules and issue directions to give effect to this section.

Section 29. Performance management inspections and monitoring Section The Principal 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 any other law.

Section 30. Ethics and integrity Section 30(1) Every judge of the Court shall sign and ascribe to the Judicial Code of Conduct. Section 30(2) The Principal Judge shall monitor the compliance with the judicial code of conduct by judges and judicial officers.

Section 31. Budget and funding of the Court Section 31(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 next financial year, and submit them to the Chief Registrar for inclusion in the annual estimates of the Judiciary. Section 31(2) The Chief Registrar shall allocate adequate resources to facilitate the effective discharge of the functions of the Court.

Section 32. Welfare of Judges and judicial officers Section The Chief Justice may establish or approve the establishment of such committees or associations as may 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.

Section 33. Protection of judges and Judicial officers from personal liability Section 33(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 33(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 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.

Section 34. Languages of the Court Section 34(1) The official languages of the Court are English and Kiswahili. Section 34(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 34(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 35. Judgments of the Court Section 35(1) A judgment of the Court shall be prepared, signed, dated and delivered in the manner prescribed by written law. Section 35(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. Section 35(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. Section 35(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. Section 35(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.

Section 36.[Deleted by ActNo. 46 of 2016, s. 39.]

Section 37. Seal of the Court Section 37(1) The seal of the Court shall be such a device as may be approved by the Chief Justice and shall bear the inscription "The High Court of Kenya". Section 37(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 37(3) The seal of the Court shall be used in accordance with the provisions of any law or Rules of the Court.

Section 38. Representation before the Court Section 38(1) Parties may appear in person or be represented by an advocate in all proceedings before the Court. Section 38(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. Section 38(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.

Section 39. Rules Section 39(1) The Chief Justice may make Rules generally for the effective organization and administration of the High Court. Section 39(2)(a) conduct of the election of the Principal Judge; Section 39(2)(b) procedure of removal of the President of the Court; Section 39(2)(c) disposal of urgent and priority matters during Court recess; Section 39(2)(d) disposal of matters within twelve months from the date the Court sets the matters down for hearing; Section 39(2)(e) automation of Court records, case management, protection and sharing of Court information and the use of information communication technology; Section 39(2)(f) form, style, storage, maintenance and retrieval of Court records; and Section 39(2)(g) procedure relating to contempt of court. Section 39(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 organization of the Court; Section 39(3)(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; Section 39(3)(c) th...

Section 41. 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.