Lawyers reject plan to set up court registries at Huduma Centre
Huduma Centre, GPO branch in Nairobi.
The judiciary's plan to set up court registries in selected Huduma centres has met with opposition from lawyers across the country, who say the move is misguided.
The lawyers opposing the plan have argued that the move will open doors for quacks to interfere with the independence of the judiciary.
The judiciary had announced its intention to roll out a programme under which court registries or judicial desks would be located in selected Huduma Centres. The roll-out was to begin on Monday next week in six counties.
Services to be offered include registration of new civil cases, filing of documents in executing cases, issuance of summons to appear, notice to appear in divorce cases, retrieval of court orders and decrees, copies of rulings and judgments.
Others include e-filing support, payment of fines and deposits as well as virtual court support.
However, lawyers claimed that there had been insufficient stakeholder engagement before the decision was taken.
Lawyer Aston Muchela of the Law Society of Kenya, Rift Valley Branch, argued that the move was ill-timed and poorly executed.
Enough information
He said lawyers had not been given enough information on how the process would be conducted.
Muchela said that the programme would violate the principle of separation of powers.
"We were called on Thursday and informed of the plan though we did not agree to it. The Huduma Centres are controlled by the executive and it will interfere with the principle of separation of powers. This is what we will be seeking to challenge in court," said Muchela.
Lawyer Pascal Mbeche said the judiciary needs to prepare its own infrastructure and carry out thorough sensitisation before rolling out the process.
"At the moment we have people who do not appreciate the judicial process, so adding a new form will complicate the entire process," said Mbeche.
LSK presidential candidate Bernard Kipkoech Ngetich said that allowing people who are not judicial officers at the Huduma Centres would open the floodgates for quacks to offer services.
"Huduma Centres have enough problems already and therefore there is no need to add them [more] roles. The government should instead provide enough money for the judiciary to construct courts and employ officers in all constituencies," said Kipkoech.
The lawyer said he had filed a case in court seeking orders to compel the judiciary and the executive to establish a High Court in every county and a magistrate's court in every constituency, which is pending judgment before a three-judge bench.
Lawyer Kamau Chomba argued that having court registries in Huduma Centres would make lawyers' work difficult when filing cases.
According to him, blocking lawyers from the courts will make it difficult for them to file and obtain orders in urgent cases.
"We have all witnessed the long queues that exist at the Huduma Centres. The plan means that any time a lawyer wants to file a case they must queue with their clients at the Huduma Centres," said Chomba.
In his press statement, Kipkoech expressed concern about the decision to empower Huduma Centres, which have not been gazetted and lack judicial officers and staff.
"The executive Huduma courts must be rejected outright. We demand that the Chief Justice issues a notice denouncing these courts within 24 hours, failure to which we shall take appropriate action," said Kipkoech.
Nation.Africa has learnt of a petition that was filed on Friday by lawyer Caroline Kamande, who has sued the Cabinet Secretary for Public Service, the Chief Justice, the Chief Executive Officer - Huduma Centre and the Chief Registrar of the Judiciary over the matter.
The LSK is listed as an interested party in the case filed on January 26.
In the case, Kamende is seeking orders declaring that there was no public participation and that the decision to transfer eight judicial offices to the Ministry of Public Service violates the principle of separation of powers.
Justice Lawrence Mugambi ordered that the matter be listed for hearing on March 18.
