Lawyers reject plan to set up Huduma Centre court registries
The plan by the Judiciary to set up court registries at selected Huduma Centre has continued to receive opposition from lawyers across the country, who term the move as misinformed.
The lawyers, who have opposed the plan have argued that the move will open doors for quacks to interfere with the independence of the Judiciary.
The Judiciary in its communication announced its intention to roll out a program that would entail domiciling court registries or Judiciary desks in select Huduma Centres.
The roll out was to begin Monday next week in six counties.
However, the lawyers claimed there was no sufficient stakeholder engagement before the decision was arrived at.
Lawyer Aston Muchela from the Law Society of Kenya, Rift Valley Branch, argued that the move is ill-timed and poorly executed.
Muchela noted that lawyers were not given sufficient information on how the process would be conducted.
The lawyer noted that the program seeks to assign the judiciary the roles of advocates, which will be in contravention of 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, on his part, 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 Benard Kipkoech Ngetich on his part argued that allowing individuals who are not judicial officers at the Huduma Centres will open floodgates for quacks to offer services.
“Huduma Centres have enough problems already and therefore there is no need to add them to other 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 filed a case before court seeking orders to compel the Judiciary and the executive to establish a high court in all counties and a magistrates court in every constituency, which is pending judgement before a three-judge bench.
Lawyer Kamau Chomba claimed the plan is to make the lawyers’ work difficult when filing cases.
According to him, blocking advocates 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 its communication, the Judiciary announced that the program was to start on January 29 in six Huduma Centres.
Among the services which will be offered include filling new civil cases, filing of documents in executing cases, issuance of summons to appear, notice to appear in divorce cases, extraction of court orders and decrees, and copies of rulings and judgments.
Others include e-filing support, payment of fines and deposits as well as virtual court support.
Kipkoech, in his press statement, however, raised concerns over 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,” stated Kipkoech.
NTV 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 of Huduma Centre and the Judiciary Chief Registrar over the matter.
The LSK is listed as an interested party in the case filed on January 26.
In the case, Kamende wants orders declaring that no public participation was conducted and that the decision to transfer eight judicial services to the Ministry of Public Service contravened the principle of separation of powers.
Justice Lawrence Mugambi directed that the matter be mentioned on March 18.
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