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Notice on the conduct of judicial operations during the scaling down period

Further to the directive issued by the National Council on the Administration of Justice (“NCAJ”) on 15th March 2020-scaling down court activities for two weeks, the NCAJ has issued a press statement on the operations of the judicial sector during the continuing scaling-down period as follows:-

Criminal matters
Officers in charge of police stations are to ensure that petty and traffic offenders are not held at police stations for more than 24 hours. Petty offenders are to be released on cash bail or police bond.

Magistrates across the country will review and revise the bail and bond terms for petty offenders who are in prison.

Petty offenders jailed for six months and those with less than six months to complete their jail terms are to be presented to the High Court for the review of their sentences.

The office of the Director of Public Prosecutions will be open with each regional office having one officer who will process files for plea- taking and other urgent matters.

Serious crimes, including defiance of National Orders regarding the control of COVID-19, will be presented to a court for plea taking. Courts will grant early hearing dates for sexual offences depending on the facts of each case.

Criminal courts will be constituted on short notice. Plans are underway to facilitate virtual trials for inmates.

Prison visits have been suspended, including visits to staff quarters, with prison labour being reduced to a bare minimum. New inmates are being isolated in a bid to reduce the risk of infection.

Civil matters

The Chief Justice has gazetted practice directions on Electronic Case Management. The Practice directions are to facilitate the use of technology in the delivery of justice.

A contact list containing telephone numbers and email addresses of all the court stations throughout the country has been released to facilitate the issuance of directions/orders for matters filed under a certificate of urgency or filing of time-bound pleadings.

Judges and Magistrates will deliver judgments and rulings using video conferencing technology.

Execution
Conservatory orders and mandatory injunctive orders issued from 15th March 2020 will be executed.

Execution of warrants of arrest, court decrees and orders made before 15th March 2020 are suspended until further notice.

Court bailiffs and auctioneers are prohibited from executing warrants, orders or decrees issued before 15th March 2020.

The NCAJ press statement can be found here.

Please contact us at info@cfllegal.com should you require further information.

 

Contributors:

Dorcas SaviniLorna Mbatia
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