Expensive justice: CJ Martha Koome introduces higher court fees

Chief Justice Martha Koome has reviewed court fees, a few months after the National Treasury widened the Judiciary's financial resource gap, cutting its budget from Sh18.1 billion in the last financial year to Sh17.9 billion.

The judiciary electronic case filing system has since been updated to reflect the new charges but lawyers are complaining that figures on the system are erroneous while some entries are missing.    

Some members of the legal fraternity have also raised concerns over what they term as steep charges for filing some matters and documents.

With the e-filing system, litigants and lawyers are able to do self-assessment of the costs incurred upon lodging of respective documents. 

“The new fees were uploaded, but a lot of information on commonly filed documents is missing while other documents are mispriced. My own guess is that they might have had technical people working alone without the support of legal minds,” said lawyer Dudley Ochiel of Katiba Institute:

Besides revoking the fees assessment schedule issued by her predecessor David Maraga, Judge Koome has revised the fees charged on various services offered by the Judiciary.

She has also introduced new charges on lodging of documents which were not listed in Judge Maraga's schedule.

For instance, Justice Koome has increased the fee for court library membership and annual subscription from Sh500 to Sh1,000 and introduced a Sh500 fee for notaries’ public annual renewal.

Criminal matters

In the new schedule that came into effect on September 1, filing of any type of application at the High Court, except on criminal matters, will now cost Sh1,500 up from Sh750.

At the magistrate's court, the fees for applications and affidavits have been retained at Sh1,000.

On criminal matters at the High Court, fees for filing applications also remain at Sh500 and Sh485 at the lower courts.

Another change is on fees charged on registration of arbitration awards related to disputes at the Environment and Lands Court.

Justice Koome has increased the fee from Sh2,250 to Sh10,100.

She has also scrapped the Sh100 fee set by her predecessor for filing of a response to notice of appeal, known as notice of address.

However, she has introduced a new fee for filing of applications under certificate of urgency at the Environment and Lands Court. The fee is set at Sh2,250.

At the High Court’s Anti-corruption and Economic Crimes Division, the CJ has introduced a fee of Sh450 for filing of a notice of appeal.

She has also introduced a Sh1,500 fee for court collection fees on deposits and security for costs.

On commercial and tax cases filed at the High Court, the CJ has introduced a Sh1,550 fee for any appeal or review from subordinate courts and tribunals.

She has also introduced a fee of Sh100 for filing of response for income tax appeals, called statement of facts.

On civil cases filed at the High Court, the CJ has introduced a minimum of Sh2,000 fee for unliquidated claim, originating summons or counterclaim.

Further court fees will be paid based on the amount awarded upon determination of the case.

In addition, she now wants courts to start charging Sh300 for filing a response to the bill of costs.

The fees for instituting a private prosecution at the High Court remains at Sh5,000 while at the lower court it has been set at Sh1,485.

Criminal offences

The number of Kenyans seeking to privately prosecute their offenders is on the rise, the latest being businessman Samuel Kamau (SK) Macharia who intends to prosecute 14 people over criminal offences relating to shares and finances at the Directline Assurance Company Limited.

He alleges that the 14 intended accused persons engaged in fraudulent transfer of shareholding and monies amounting to Sh4 billion between 2012 and 2018.

The businessman together with the Directline Assurance Company accuse DPP Noordin Haji of declining to prosecute the 14 intended accused persons despite "overwhelming evidence of criminal offences relating to shares and finances of the assurance company".

He accuses DPP Haji of partisanship and failure to exercise his constitutional mandate of prosecuting criminal offences.

Another prominent person seeking to conduct private prosecution is former Justice Minister and Narc-Kenya party leader Martha Karua.

She wants to privately prosecute six people over electoral offences allegedly committed in Kirinyaga County during the 2017 governorship elections.

Ms Karua says her decision to pursue private prosecution was prompted by the DPP and DCI's failure to act on her complaints in relation to the alleged electoral offences.

So are the new charges likely to impede access to justice, especially by the poor?

“l don't think that the new fees schedule affects access to justice because there are pre-existing protocols on exemptions and pauper briefs as well as legal aid,” said lawyer Ochiel.

[email protected]

Increments

Court library membership and annual subscription

Old fees Sh500

New fees Sh1,000

Any type of application at the High Court except on criminal matters.

Old fees Sh750

New fees Sh1,500

 Registration of arbitration awards at the Environment and Lands Court.

Old fees Sh2,250

New fees Sh10,100.

Newly introduced charges 

• Notaries public annual renewal Sh500
• Certificate of urgency at the Environment and Lands Court Sh2,250.
• A notice of appeal to the court of appeal filed at the Economic Crimes division Sh450
• Court collection fees on deposits and security for costs Sh1500.
• On commercial and tax cases filed at the High Court the CJ has introduced a fee of Sh1,550 for
• Any appeal or review at the High Court on commercial and tax cases from subordinate courts and tribunals. Sh1550
• Response for income tax appeals -statement of facts. Sh100
• Response to the bill of costs. Sh300 unliquidated claim, originating summons or counterclaim.Sh2000.
• Further court fees will be paid based on the amount awarded upon determination of the case.