This archive report was first published on 8 September 2021.
Kenya's Judiciary has sparked controversy with a revised court fees schedule that doubles the cost of litigation and introduces extra charges. The new fees, announced by Chief Justice Martha Koome, have been met with criticism from the Law Society of Kenya (LSK) and other stakeholders.
According to the revised schedule, all applications filed at the High Court, except criminal matters, have been doubled from Sh750 to Sh1500. Registration of arbitration awards related to disputes at the Environment and Lands Court is now charged at Sh10,100, up from Sh2,250.
The Judiciary's decision to hike court fees comes as it struggles with a marginal cut on its 2021/22 budget from Sh18.1 billion to Sh17.9 billion. The Law Society of Kenya has raised concerns about the move, saying it works against the principles of access to justice and expeditious disposal of cases.
“The move is working against what we in the justice system have been fighting for all along — access to justice and expeditious disposal of cases,” said Bernhard Ng’etich, an LSK council member.
The revised charges have also affected court library membership and annual subscriptions, which have doubled from Sh500 to Sh1,000. A Sh500 charge has also been introduced for notaries public annual renewal, while affidavit application fees at the magistrate's court have been retained at Sh1,000.
Chief Justice Koome has also introduced a fee of Sh450 at the Anti-corruption and Economic Crimes division for filing a notice of appeal to the Court of Appeal. She has also introduced a fee of Sh1,500 for court collection fees on deposits and security for costs.
However, for commercial and tax cases filed at the High Court, Koome has introduced a fee of Sh1,550 for any appeal or review from lower courts and tribunals. Filings of response for income tax appeals are now charged at Sh100.
Kenya's Judiciary has also announced plans to hire more staff to automate its services and clear case backlogs. The Judicial Service Commission (JSC) will hire 50 magistrates to boost service delivery and case clear backlogs. The JSC will also increase the number of judges to replace the six judges who were recently elevated to the Court of Appeal.
“We also need a multi-door approach like the use of Alternative Dispute Resolution and Court Annexed Mediation to offload cases from the courts,” Justice Koome said.
According to data, the Commercial and Tax Division had 7,497 cases as of June 30, 2020, and has cleared 3,744 while 2,315 new ones were filed, leaving a caseload of 6,038 as of June 30 2021.
