High Court (Organization and Administration) Act

The Act's short title is "the High Court (Organization and Administration) Act."

This section provides definitions of terms used in the Act, such as "administrative function", "Chief Justice", "Chief Registrar", "Commission", "Court", "Division", "Principal Judge", "Presiding Judge", "registry", "Registrar", "subordinate courts", and "station".

Section 3 states guiding principles.

Section 10 sets the Court's sitting and recess periods, empowers the Chief Justice to make Rules and designate sittings locations, allows the Court to sit elsewhere when necessary, and requires Rules to ensure disposal of matters within twelve months.

Section 11 lists divisions of the Court and sets certain roles and authorities: the Chief Justice may determine additional divisions (with Principal Judge's advice), determine the number of judges, and designate a Presiding Judge; a Deputy Registrar is responsible to the Presiding Judge; officers are appointed under section 24.

The Chief Justice must (in consultation with the Principal Judge) facilitate reasonable and equitable access to Court services and establish at least one Court station in every county; the Chief Justice appoints a Presiding Judge; a Deputy Registrar is responsible to the Presiding Judge.

Judges must report to their new duty station within three months of being notified of a transfer; the Chief Justice must consider expertise when deploying judges and may assign special duties.

Section 14 establishes a leadership and management team for a station, lists its members, makes it the advisory body to the Presiding Judge on implementation and management matters, requires quarterly meetings, permits it to regulate its own procedure subject to the Act and guidelines, and requires submission of a report to the Principal Judge every six months.

The Principal Judge may, in consultation with the Chief Justice, designate circuit courts and sub-registries to hold sessions in different areas; the Chief Justice may, by notice in the Gazette, establish any area as a High Court circuit.

Section 4 sets out the Court's composition (Principal Judge and up to 200 judges), states the Court is deemed duly constituted despite any vacancy, and allows the Commission to conduct needs assessments and recommend a weighted caseload formula.

States that the Court's jurisdiction is the jurisdiction conferred to it by Article 165(3) and (6) of the Constitution.

Section 6 assigns responsibilities to the Principal Judge (administration, conduct of business, constitution of benches in consultation with the Chief Justice, and other duties assigned by the Chief Justice); it requires election of the Principal Judge per Article 165(2); empowers the Chief Justice to make Rules for election and removal and to appoint an acting Principal Judge (for up to sixty days) in specified circumstances; and requires the Chief Registrar to designate staff to support the Principal Judge.

A Presiding Judge must act as the Chairperson and convener of the Court User Committee in the station.

Judges of the Court rank for precedence by appointment date: the Principal Judge first, then Presiding Judges by appointment date, then other judges by appointment date; if two judges were appointed the same day their precedence is the order their names appear in the instrument of appointment.

The Court is normally constituted for proceedings by a single judge, except where another written law provides otherwise; matters raising substantial constitutional questions under Article 165(3)(b) or (d) must be heard by an odd number of at least three judges assigned by the Chief Justice.

The Chief Justice must ensure the application of constitutional values and principles.

The Chief Registrar must be responsible to the Chief Justice for the overall administration and management of the Court.

The section establishes a Registrar and Deputy Registrars; the Judicial Service Commission may determine the number of Deputy Registrars; the Registrar must be stationed in Nairobi and assisted by two Deputy Registrars; in the Registrar's absence, a Deputy Registrar must undertake or exercise the Registrar's functions; a Deputy Registrar is to be deployed at every station and division of the Court.

The Registrar of the Court must be an advocate of the High Court of Kenya.

The Registrar is responsible for a range of administrative functions and, together with Deputy and Assistant Registrars, has the powers necessary to execute those functions under this Act.

Deputy Registrars must carry out specified administrative, managerial, financial and support functions for a station or division; they may consider and dispose of procedural or administrative matters in Court proceedings under the Rules or on the Principal Judge's direction.

Any person aggrieved may apply to a Judge for review of a Registrar's decision; a Judge may confirm, vary or reverse that decision.

Establishes the High Court Advisory Committee and sets its membership, responsibilities to make recommendations to the Commission on judicial policy, practice and training and capacity building, meeting and record-keeping duties, secretariat provision, and internal powers to co-opt members, appoint a vice-chairperson and regulate procedures.

Court stations or divisions must have a number of staff determined by the Chief Registrar in consultation with the Principal Judge; officers appointed under subsection (1) must perform duties assigned under the general direction of the Chief Registrar.

The Court must exercise its jurisdiction in accordance with rules of practice and procedure prescribed by written law.

Section 26 directs the Court in civil proceedings to promote reconciliation and to encourage and permit amicable settlements; it must follow ADR Rules, may adopt other ADR methods (with or without party agreement) and must stay proceedings when ADR is a condition precedent until that condition is fulfilled.

The Chief justice may make Rules to give effect to this section, including defining the role of Deputy Registrars and registries in managing caseloads.

The Registrar must maintain a uniform court record-keeping system; the Chief Justice may make rules and issue directions to implement the section.

The Principal Judge must, after consulting the Commission, oversee implementing a performance management system for judges including contracting, appraisal and evaluation.

Judges must sign and ascribe to the Judicial Code of Conduct; the Principal Judge must monitor compliance with that code.

The Registrar must prepare estimates of all expenditure for the next financial year and submit them to the Chief Registrar at least three months before the start of the year; the Chief Registrar must allocate adequate resources to enable the Court to perform its functions.

The Chief Justice may establish or approve committees or associations to promote welfare, collegiality, working conditions, mentorship, peer review and other interactions among judges, magistrates and tribunal members.

Judges and judicial officers acting judicially, and court officers executing lawful process, cannot be sued for acts done in the discharge of judicial duty, provided the act is in good faith and subject to the Constitution.

The provision names English and Kiswahili as the Court's official languages; requires the Court to facilitate use of other languages and accessible formats in appropriate cases; and permits the Court to direct electronic proceedings when expedient.

If the judge who wrote a judgment cannot read it in court (for example due to illness, absence, transfer or other reason), that judge must sign and date the judgment or ruling so another judge can deliver it.

Section 36 has been deleted.

The Chief Justice approves the design of the Court's seal; the Registrar keeps the seal in custody; duplicates are kept by deputy Registrars or other officers as the Registrar may determine.

Parties may appear in person or be represented by an advocate in all proceedings before the Court; the Court may, in the interest of justice and pursuant to Article 50(7) of the Constitution, allow an intermediary to assist a complainant or accused to communicate with the Court; "intermediary" is defined.

The Chief Justice may make rules for the effective organization and administration of the High Court, subject to stated purposes, limits and applicable principles.

The Chief Justice must prescribe the code of conduct for judges of the Court within six months of this Act commencing.