This archive report was first published on 21 April 2020.
As the COVID-19 pandemic continues to spread, Chief Justice David Maraga has reaffirmed that courts in Kenya will remain closed to protect staff and citizens from contracting the virus.
According to Maraga, the National Council on Administration of Justice has directed courts to continue hearing certain matters through technology in order to limit courtroom interactions.
Maraga emphasized that the council is upscaling the use of technology to ensure judgments on urgent matters are delivered to reduce the backlog of cases.
Additionally, courts are expected to rule on minor offences within 24 hours, while major criminal offences will continue to be heard in open court sessions.
Maraga noted that a number of judicial officers conduct their court sessions from their chambers, making it difficult to keep the required social distance recommended by the Ministry of Health.
He also warned that court operations have never and will never be closed, leaving the decision on which cases to be heard remotely up to presiding judges, head of court stations, and their respective stakeholders.
“Suspects in serious crimes shall continue to be presented to court for plea taking. On the other hand, the police shall continue to release minor offenders on bond or bail failure to which they must take all suspects to court within 24 hours,” he said.
Maraga's decision was informed by a joint letter from the three associations representing Judiciary staff, who prioritized the wellbeing and health of their members as the nation battles the effects of COVID-19.
