Court procedure in the High Court of Kenya is governed by the Civil Procedure Rules, 2010 which are supplemented by practice directions issued by the Chief Justice from time to time. On 14th January 2022, the Chief Justice gazetted practice directions to standardise practices and procedures in the High Court of Kenya (the practice directions). Some of the key changes brought by the practice directions are as follows; –
- Pleadings and documents shall be filed through the electronic filing platform (e-filing platform). Previously, as at 1st July 2020 filing of cases through the e-filing platform was rolled out only in the High Court at Nairobi. Under the current practice directions, filing of cases through the e-filing platform will apply to all High Court stations.
- There shall be an automated fee assessment system as well as e-filing support centers in each High Court station to assist vulnerable litigants to access the e-filing platform.
- The court registry will now be required to issue cause lists for the incoming month a week before the end of the month. A cause list shows the matters that will be handled by a judicial officer on a particular day. This way, litigants and advocates shall have the advantage of prior ascertainment and where necessary following up whether their matter shall proceed as anticipated. Previously, the court only issued daily cause lists a day in advance. The directions also limit the number of cases listed before a judicial officer to a maximum of 5 hearings, 5 applications and 10 mentions per day.
- All suits filed at the High Court will now be fixed for a mention within 30 days from the date of filing and all pending matters will be required to have dates. Previously, parties would be required to move the court to allocate dates for fresh matters.
- The format, style and contents of pleadings, submissions and records of appeal in civil and criminal appeals are provided in detailed specification.
- Witness statements shall contain sufficient details and make proper reference to the documents filed in support of the suit to enable a witness to adopt it as their evidence during the trial.
- Courts may fix timelines allocated for a hearing of a suit which parties will be bound by during trial.
- The court will also be required to direct parties to identify the issues in dispute in writing.
- Adjournments must be communicated to the opposing party and the court in advance. Previously, parties were not obligated to inform the counterparty or the court in advance that they intend to apply for an adjournment, which led to inefficient use of time.
- Guidelines to parties and advocates for the conduct of virtual hearings have been provided. The practice directions promote the integrity of trials conducted through virtual platforms by introducing measures to prevent witnesses from receiving any assistance when giving their testimony. For instance, witnesses will be required to disclose their physical location and confirm that they are alone in the room from which they are testifying from. No one should be in the room with the witness without the approval of the court. The witness is also required to be visible to the Court and the counterparty at all times, and not receive any communication when giving their testimony.
- Creation of a register for post-judgment matters. The court registry is now required to fix concluded matters for mention to confirm whether the parties have any interest in pursuing post-judgment activities and promptly prepare certificates of taxation where a ruling has been delivered. The previous practice has been that parties would move the court for post-judgment activities.
These measures would go a long way towards standardising court procedures at the High Court, promoting the efficient and effective disposal of matters by the High Court and preserving the integrity of trials conducted virtually.
Please find a copy of the practice directions here. Contact us at info@cfllegal.com should you require further information.
