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HIGH COURT REGISTRY OPERATION MANUAL

THE JUDICIARY

REPUBLIC OF KENYA

HIGH COURT

REGISTRY

OPERATION MANUAL

system or transmitted in any form or by any means electronic, mechanical, photocopying, recording

or otherwise without prior written permission from the publisher, except in the case of brief

quotations embodied in critical articles and reviews.

First edition

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HIGH COURT REGISTRY OPERATION MANUAL

FOREWORD

The Kenya Judiciary has over the years faced intense criticism owing to the inefciencies of our systems and

processes. From missing les, opaque processes, non-responsive judicial staff to poor management of case

loads and inadequate preparation for hearings, the complaints against judicial processes are legendary and

well known. Most of these problems can be traced to inefciencies in registries which are the rst point of

contact between our customers and the courts.

For true transformation to take place the systems and processes in our courts have to be overhauled. It is for

this reason that the Judiciary Transformation Framework emphasizes transformation of court procedures,

processes, organizational culture, and management to re-orient them towards a culture of responsive, friendly,

and effective service delivery accompanied by an integrated performance management system.

This registry operation manual provides the rst ever documented tool to guide the processes and procedures

in our court registries, and affords an opportunity to offer standardized and harmonized customer experience

across the board. The manual is anchored in the Civil Procedure Act and Rules, the Criminal Procedure

Code, the Law of Succession, the Children’s Act, Industrial Court Act and other enabling legislation.

The manual will help registries realign their operations to the aspirations of the Judiciary Transformation

Framework and to the expectations of our customers. It has been developed through a consultative process

that included judicial ofcers, judicial staff and external stakeholders.

It will no doubt serve as a useful guide to all judicial ofcers, court administrators, policy makers, staff and

stakeholders involved in the administration of justice.

HON. DR. WILLY MUTUNGA, D. JUR, SC, EGH

CHIEF JUSTICE/ PRESIDENT OF THE SUPREME COURT OF KENYA

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HIGH COURT REGISTRY OPERATION MANUAL

ACKNOWLEDGMENT

On behalf of the editorial team that has painstakingly put together this manual; I wish to express heartfelt

gratitude to all who have contributed to the development of this manual. In particular, I wish to acknowledge

the following;

• The Hon the Chief Justice and President of the Supreme Court, Hon Dr. Willy Mutunga, for

strategic leadership and support.

• High Court Judges led by the Principal Judge, Hon Justice Richard Mwongo, for contribution in

shaping the content of the manual.

• The Judiciary Training Institute, for valuable partnership and facilitation.

• The Hon Deputy Registrars of the High Court, for input into the manual and readily accepting the

challenge of implementation.

• The Judicial staff whose presentations and input drawn from “on the job experience’’ is the

foundation of the manual.

• The editorial team members made up of Hon Nyakundi, Benjamin Kinuthia, Jackson

Ngila, Mary Muteti and Eunice Mutie for their hard work and sacrice in putting together the

presentations made by the various groups who contributed to the content of the manual.

• External stakeholders namely, Law Society of Kenya, Probation Department,National Environment

and Management Authority, Community Service Orders, The Ethics and Anti- Corruption

Commission, the Director of Public Prosecution, the Kenya Police, and all other stakeholders

for their contribution to the manual.

• GIZ (Deutsche Gesellschaft für Internationale Zusammenarbeit) and the Swedish Development

Agency who nanced many of the activities that led to the development of this manual.

JUDITH OMANGE

REGISTRAR, HIGH COURT OF KENYA

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HIGH COURT REGISTRY OPERATION MANUAL

ABBREVIATIONS & ACRONYMS

AG - Attorney General

BU - Bring Up

CBA - Collective Bargaining Agreement

CPMU - Central Planning and Monetary Unit

CPR - Civil Procedure Rules

DR - Deputy Registrar

EFT - Electronic Funds Transfer

FGF - Feel Good Factor

GIZ - Deutsche Gesellschaft für Internationale Zusammenarbeit

GP - Government Printer

H.CR REV - High Court Criminal Revision

HCCA - High Court Civil Appeal

HCCC - High Court Civil Case

HCCRA - High Court Criminal Appeal

HCCRC - High Court Criminal Case

IEBC - Independent Electoral and Boundaries Commission

ISO - International Standards Organization

JTF - Judiciary Transformation Framework

JR - Judicial Review

MISC - Miscellaneous

NEMA - National Environment Management Authority

NTSC - Notice to Show Cause

OB - Occurrence Book

ODPP - Ofce of the Director of Public Prosecutions

OS - Originating Summons

P & A - Probate and Administration

RHC - Registrar High Court

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HIGH COURT REGISTRY OPERATION MANUAL

TABLE OF CONTENTS

1.0 INTRODUCTION 8

1.1 OBJECTIVES 8

2.0 THE COURT SYSTEM 10

2.1 JUDICIAL OFFICES AND OFFICERS 10

2.2 REGISTRY OFFICIALS 11

2.3 REGISTRY PROCEDURES - GENERAL PRINCIPLES 12

2.3.1 Front Ofce Operations 13

2.3.2 Service Counter Management 13

2.3.3 Customer Care Desk 13

2.3.4 Mail 14

2.3.5 Filing Systems 14

2.3.6 Storage of Files 15

2.3.7 Opening of Files 15

2.3.8 Numbering of Items in Files 15

2.3.9 Daily Reconciliation of Files 15

2.3.10 Distribution and Transfer of Files 15

2.3.11 Tracing Files 15

2.3.12 Control and protection of Files 15

2.3.13 Disposal of Files 16

2.3.14 Electronic Records 16

2.3.15 Reproduction of Records 16

2.3.16 Court fees Assessment and collection 16

2.3.17 Training of registry personnel 16

3.0 GENERAL PROCESSES IN THE REGISTRY 17

3.1.0 Registration 17

3.1.1 Filing 17

3.1.2 Court Fees Assessment 18

3.1.3 Bring ups 20

3.1.4 Movement of les 20

3.1.5 Transfer of les 20

3.1.6 Service of Court Process 21

3.1.7 Certicates of Urgency 21

3.1.8 Court Orders 21

3.1.9 Proceedings 22

3.2 Court Sessions 22

3.2.1 Court Procedure 22

3.2.2 Handling of Exhibits 23

3.2.3 Handling of Security Documents 24

3.2.4 Fixing of Hearing Dates 25

3.3 Cause listing 26

3.4 Statistical Returns 26

3.5 Handling of Mail 27

4.0 RECORDS MANAGEMENT PROCESSES 28

4.1 Filing Systems 28

4.1.1 Classication 28

4.1.2 Filing 28

4.1.3 Retrieval of les 29

4.1.4 File Movement Register 29

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4.1.5 Bring-Up Diary 29

4.2 Reproduction of Records 30

4.3 Accessioning of Archives Files 30

4.4 Custody and Safety of les 31

4.5 File Audit 31

4.6 Tracing and Reconstruction of Missing Files 32

4.6.1 Skeleton Files 32

4.7 Disposal of Records 33

4.7.1 Records Survey 33

4.7.2 Criteria for determining records that may be disposed/ destroyed 33

4.7.3 Appraisal of records 34

4.8 Disposal of Exhibits 34

4.8.1 Perishables 35

4.8.2 Drugs and Substances 35

4.8.3 Auto mobiles 35

5.0 TYPES OF CASES AND PROCESSES IN THE REGISTRIES 36

5.1 HIGH COURT CRIMINAL CASES 36

5.1.1 Murder Cases 36

5.1.2 Applications in Criminal Matters 37

5.1.3 Criminal Revisions 38

5.1.4 Criminal Appeals 39

5.1.5 Second Appeals 41

5.2 CIVIL CASES 42

5.2.1 Checklist for ling civil cases 42

5.2.2 Issuance of Summons 43

5.2.3 Miscellaneous Civil Applications 44

5.2.4 Entry of Judgments 45

5.2.5 Procedure for extraction of Decrees and Orders 46

5.2.6 Execution of Decrees 46

5.2.7 Costs 48

5.2.8 Taxation 48

5.2.9 Certicate for enforcement of Foreign Judgment 49

5.3 APPEALS IN CIVIL/FAMILY/COMMERCIAL & INCOME TAX/

ENVIRONMENT & LAND CASES 49

5.3.1 Checklist for ling Appeals 49

5.3.2 Admission/Rejection of Appeals 50

5.4 COMMERCIAL CASES 51

5.4.1 Winding Up Causes 51

5.4.2 Bankruptcy Causes- Procedure for ling 52

5.4.3 Bankruptcy Notices- Procedure for ling 53

5.4.4 Arbitration Awards- Procedure 54

5.4.5 Admiralty Cases 55

5.5 ENVIRONMENT AND LAND CASES 56

5.5.1 Transfer of Land 56

5.5.2 Vesting Orders 57

5.5.3 Sale of immovable Properties- Procedure 58

5.6 CONSTITUTIONAL AND HUMAN RIGHTS CASES 58

5.6.1 Checklist of requirements for Constitutional & Human Rights cases 58

5.7 JUDICIAL REVIEW CASES 59

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5.7.1 Checklist for Judicial Review Cases 59

5.7.2 Hearing Date 60

5.8 FAMILY MATTERS 60

5.8.1 Probate and Administration 60

5.8.2 Grants issued and Forms used 61

5.8.3 Conrmation of Grant 64

5.8.4 Administration under the Mental Health Act 64

5.8.5 Adoption Matters 64

5.8.6 Divorce 65

5.8.8 Matrimonial Property Causes 67

5.8.9 Miscellaneous Applications 68

5.9 CHILDREN MATTERS 68

5.9.1 Checklist for Children’s Civil Cases 68

5.9.2 Requirements in cases of Children in conict with the law 69

5.9.3 Children in need of care and protection 69

5.9.4 SPECIAL PROTECTION MEASURES FOR CHILDREN 70

5.10 INDUSTRIAL COURT CASES 70

5.10.1 Checklist for Industrial Court cases 70

5.10.2 Appeals 71

5.10.3 Checklist for Collective Bargaining Agreements 71

5.11 ELECTION PETITIONS 72

5.11.1 Checklist for Election petitions 72

APPENDICES A 74

APPENDICES B 84

LIST OF MEMBERS WHO ATTENDED THE INITIAL WORKSHOP ON

DEVELOPMENT OF REGISTRY OPERATION MANUAL 110

LIST OF STAKEHOLDERS IN THE FIRST VALIDATION WORKSHOP OF

THE REGISTRY OPERATION MANUAL 111

LIST OF EDITORIAL TEAM MEMBERS 112

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1.0 INTRODUCTION

The High Court of Kenya improved registry programme is informed by the Constitution of Kenya

and the Judiciary Transformation Framework 2012-2016 both of which emphasize transformation of

court processes. A transformed High Court of Kenya will improve the speed of justice and enhance

access to justice especially for the marginalized and traditionally under -served communities.

The integrity of the Judiciary is measured by the extent to which structures, systems and processes

facilitate fair, transparent and efcient administration of justice. It is for this reason that the Judiciary

Transformation Framework declares that one of the goals of Judiciary Transformation is:

“Transforming court procedures, processes, organizational culture, and management to re-orient them

towards a culture of responsive, friendly, and effective service delivery accompanied by an integrated

performance management system to ensure accountability, improvement and transparency.”

In line with this, the Registry Manual seeks to streamline registry processes in the registries at the

High Court to enhance access to and expeditious delivery of justice.

The Manual will be a useful guide to the Registry staff in classication of les, accessibility as well

as protection of les with the overall objective of achieving the highest degree of accountability and

meeting the expectations of the customers.

The Manual was developed through a participatory process which began in June 2013, involving

judicial ofcers, staff as well as stakeholders, which included personal interviews, sharing of best

practices from all High Court stations. Relevant aspects of the Constitution of Kenya 2010 and other

statutes are incorporated in the manual.

The Manual which is divided into ve chapters is categorized into three broad themes, that is,

general guiding principles, common processes, and processes attendant to specic cases handled in

the registries.

1.1 OBJECTIVES

• To provide simplied and standardized operating procedures in all courts

• To ensure uniform customer experience in all registries

• To achieve greater efciency in registry operations

• To clearly dene roles of staff in the registries and ensure accountability

• To orient new employees to the processes and procedures in the registries

It is hoped that with the adoption of documented registry processes, our courts will be well positioned

to receive International Standards Organization (ISO) Certication to underscore our commitment

to the highest quality standards.

The Manual shall be reviewed biennially to reect policy changes, policy directions and amendments

in the law.

Introduction

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HIGH COURT REGISTRY OPERATION MANUAL

2.0 THE COURT SYSTEM

The court system is established under Article(s) 162 and 169 of the Constitution of Kenya, 2010.

The system comprises;

• The Supreme Court

• The Court of Appeal

• The High Court

• The Industrial Court

• The Environment and Land Court

• The Subordinate Courts comprising of;

1. Magistrates Courts

2. Kadhis’ Courts

3. Courts Martial

4. Any other Court or local tribunal established by an Act of

Parliament

2.1 JUDICIAL OFFICES AND OFFICERS

Judicial ofces and ofcers are established under Article 161 of the Constitution of Kenya 2010.

They are made up of the following;

• Judges of the Superior Courts (Supreme Court, Court of Appeal, High Court, Environment

and Land Court, Industrial Court)

• Magistrates

• Other judicial ofcers and staff

Judicial Ofces

• The Ofce of the Chief Justice who is the Head of the Judiciary

• The Ofce of the Deputy Chief Justice who is the Deputy Head of the Judiciary

• The Chief Registrar of the Judiciary who is the Chief Administrator and Accounting

Ofcer of the Judiciary

• The other ofces as established by the Judicial Service Commission.

They include:

• Ofce of the Registrar of the Judicial Service Commission

• Ofce of the Registrar of the Supreme Court of Kenya

• Ofce of the Registrar of the Court of Appeal

• Ofce of the Registrar of the High Court of Kenya

• Ofce of the Registrar of the Magistrates Courts

• Deputy Registrars of the Supreme Court, Court of Appeal, High Court,

Industrial Court, the Environment and Land Court and the Magistrates

Courts

• Legal researchers

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HIGH COURT REGISTRY OPERATION MANUAL

The Judicial Service Commission is the body that appoints, receives and investigates complaints,

removes from ofce and disciplines Registrars, Magistrates, other Judicial Ofcers and staff of the

Judiciary among other functions.

2.2 REGISTRY OFFICIALS

a) Deputy Registrar

The Deputy Registrar is the head of all the administrative services in the registry and is

responsible for registry services, library services, case management, and execution of Court

decisions. The Deputy Registrar oversees allocation and performance of duties by all staff.

b) Court Administrators/Registry Supervisors

The Court Administrators also known as Registry Supervisors offer support services for

the administration and supervision of the registry processes and procedures; They ensure

smooth ow of work in the registries.

c) Accountants

Accountants are responsible for the issuance of payment receipts, receipt of cash deposits,

refund of cash bails and deposits and bank reconciliation.

d) Court Registry Assistants

Court Registry Assistants are responsible for the registration of cases, ling of documents,

assessment of court fees, retrieval of les, preparation of statistical returns, preparation of

cause lists, entry of court results in case registers, and customer service.

e) Court Assistants

Court Assistants offer critical support to judicial ofcers in court. Their responsibilities

include;maintaining, organizing and auditing all of the court documents, preparing

documents and les for each court case and keeping minutes of the court proceedings.

Additional responsibilitieswill be keeping a docket of the current and upcoming court

cases, tracking down documents that are missing and handling a variety of clerical tasks

needed by the judge during the trial. Court Assistants are bound by the Court Assistants

Interpreters’ Oath in performance of their duties in court.

f) Records Management Ofcers/Archivists

Record Managers/archivists are responsible for the effective and appropriate management

of court records from their creation to disposition while ensuring that legal obligations are

complied with in the process.

g) Court Bailiffs and Court Process Servers

Court bailiffs and process servers serve all court processes, le afdavits of service, serve

warrants in execution of decrees and orders; execute eviction orders, warrants of arrest for

civil debts and maintain a register of served processes.

h) Administrative Assistants

Administrative Assistants are responsible for typing all documents related to the work of

the Judges. They also manage the ofces in which they work.

i) Ofce Assistants

Ofce assistants carry out general duties in the registries and ofces as assigned by the

supervisors.In the implementation of the Manual, and in execution of their duties, all

ofcials are bound by Chapter six of the Constitution of Kenya 2010 on Leadership &

Integrity, and part III of the Public Ofcer Ethics Act 2003.

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HIGH COURT REGISTRY OPERATION MANUAL

Any breach of the outlined processes in this Manual shall be subject to the disciplinary

proceedings within the provisions of the Judicial Code of Conduct and Ethics, and the

Judicial Service Staff Regulations.

2.3 REGISTRY PROCEDURES - GENERAL PRINCIPLES

The guiding principle in the registry procedures and processes is due regard and utmost care to

customers. The processes are informed by the following values:

• Respect

• Courtesy

• Integrity

• Accountability

• Sensitivity to persons with special needs and vulnerable groups

The ofcial working hours are 8.00am to 5.00pm. However, to increase efciency and allow time

to process back-ofce operations the registries will open at 8.00 am through lunch time to 4.00 pm

when service counters shall be closed. Staff will render services in shifts during lunch break.

Court registries are open for service to our customers from Monday to Friday except on public

holidays or as otherwise directed.

2.3.1 Front Ofce Operations

Front Ofce services are aimed at enhancing the quality and level of satisfaction to customers.

• The services that are rendered shall be such that the customers’ expectations are met.

• The Front Ofce personnel shall adjust themselves to the personality of the customers

giving priority to persons with disabilities and other disadvantaged groups.

• Front Ofce functions shall be carried out in a manner that portrays a positive image of the

Judiciary.

2.3.2 Service Counter Management

• Services at the counter shall be rendered on a rst-come-rst- served basis by use of

service tokens issued by a designated ofcer who will be responsible for queue

management. The ofcer shall issue customers with a service requisition form appearing as

Appendix B as Annexure 1, and thereafter refer them to the correct counter for service.

• Each registry shall have counters designated for specic services. For customers with

requests which cannot be processed on the same day, the Liaison Desk shall take their

contacts and notify them of the outcome of their requests.

• First priority shall given to vulnerable groups such as the elderly, children, expectant

women and persons with disabilities.

• Matters led under Certicate of Urgency shall be led at a designated express service

counter which shall be clearly marked.

2.3.3 Customer Care Desk

In order to improve customer satisfaction and employ key performance indicators to customers the

following methods shall be in place:

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HIGH COURT REGISTRY OPERATION MANUAL

a) Complaints shall be addressed without delay, and in a language that the customers

understand.

b) All customers shall be sensitized by the Customer Care Desk on the automated

customer service system. That is, the use of the SMS solution, 20583 and the

Service Desk email address, servicedesk@judiciary.go.ke.

c) Customers shall be requested to ll a feedback form on their level of customer

satisfaction for appropriate interventions, the overriding principle being the `Feel

Good Factor` (FGF) where the customers’ satisfaction shall be key. In this regard,

registries shall collect customer feedback by use of a form appearing in Appendix

B as Annexure 2, in addition to inquiry and request forms appearing in Appendix B

as Annexure 3 and 4 respectively.

d) Trained Customer Care Ofcers shall be deployed at the Customer Care Desk.

The Customer Care Ofcer is required to have good knowledge of the general

operations of the courts including the location of registries, court rooms,

administrative ofces and rest rooms.

e) The Customer Care Ofcer shall satisfactorily address customers’ enquiries and

consult relevant ofces for information required by customers.

f) The ofcer manning the Customer Care Desk shall project positive body language

as an expression of care and attention to customers.

g) The Customer Care Desk shall maintain linkages and networks with registries so as

to obtain and communicate important events to the customers such as changes in

the cause list, adjournments/ rescheduling of cases and information on the courts

not in session.

h) Registers shall be maintained at the Customer Care Desk to record the details of all

customers.

i) The Customer Care Desk shall be equipped with a telephone extension line for

communication with registries, comfortable seats, water dispenser, magazines,

Judiciary brochures and LCD screens displaying court processes, services, vision

and mission statements.

2.3.4 Mail

Incoming and outgoing mail shall be entered into a register indicating the action ofcer who shall

sign for the mail.

2.3.5 Filing Systems

Filing systems should be simple to use and understand. The systems shall ensure that the whereabouts

of every le is known at all times by all registry staff to enable expeditious access and retrieval of

les.

2.3.6 Storage of Files

Files shall be stored in shelves consecutively in alpha numerical series in the order and year they

were led.

2.3.7 Opening of Files

The registration counter shall ensure that all new les meet the pre requisite legal requirements

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HIGH COURT REGISTRY OPERATION MANUAL

before ling. The le covers shall reect the colour codes and indexing for the various classes

of cases. All new matters shall be given serial numbers to facilitate payment of ling fees before

registration.

2.3.8 Numbering of Items in Files

All documents in each le shall be led consecutively and all folios serialized and proceedings

paginated in reverse order. The case numbers form part of the pagination.

2.3.9 Daily Reconciliation of Files

At the close of each day, the ofcer in charge of Records Management shall carry out a reconciliation

to establish the whereabouts of each le which had been retrieved for a specied action. Details of

the reconciliation shall be entered into the le retrieval register.

2.3.10 Distribution and Transfer of Files

At the close of each day, les shall be returned to the ling section in the registry, sorted out for

ling in clearly marked ling shelves and their physical state noted for redress as appropriate. Files

which require action shall be handed over to the specic ofcers for action. A skeleton le shall be

maintained by the record management section for all les transferred from one Court to another.

2.3.11 Tracing Files

If a le is unavailable after 48 hours, the request document shall be sent to the Registry Supervisor

to note and issue directions. Files shall be bar-coded for ease of traceability and le tracking.

2.3.12 Control and protection of Files

All requests by any person who wishes to access records must be submitted in writing, in a form to

be provided at the registry. The lighting of matches, smoking and storage of inammable materials

or cleaning solutions in the registry is strictly prohibited. Frequent inspection of records storage

areas shall be carried out to ensure that water leakage is identied and repaired in time to prevent

damage. Fumigation of registries shall be carried out every six (6) months.

2.3.13 Disposal of Files

There shall be continuous appraisal and appropriate disposal of Court records while scrupulously

adhering to laid down legal provisions. A bring up register shall be maintained to identify les due

for disposal.

2.3.14 Electronic Records

Any electronic document or record submitted to the Court for ling shall be deemed led upon

verication and conrmation of conformity to applicable provisions. Documents received before

midnight on a Court working day shall be deemed led on that day and acknowledgement made to

that effect.

Electronic records created and maintained shall be supported by a Records Management System.

2.3.15 Reproduction of Records

Court documents shall be photocopied upon completion of a written request, subject to approval and

payment of the requisite fees.

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HIGH COURT REGISTRY OPERATION MANUAL

2.3.16 Court fees Assessment and collection

All court fees shall be assessed correctly, and meticulously collected in strict observance of the laid

down guidelines and principles.

Due attention shall be observed to avoid loss, underassessment or over assessment of Court fees.

The court fees paid shall be properly receipted, accounted for and a court fees certicate prepared in

the form provided for in Appendix B as Annexure 5 before the issuance of decrees, orders or closure

of cases.

2.3.17 Training of registry personnel

There shall be continuous training of all registry personnel on registry operations.

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HIGH COURT REGISTRY OPERATION MANUAL

3.0 GENERAL PROCESSES IN THE REGISTRY

The common processes and the steps in all High Court registries include the following;

3.1.0 Registration

This will entail the following processes;

a) Presentation of pleadings at the registry.

b) Verication of pleadings and documents for completeness.

c) Assessment of court fees.

d) Verication of court fees deposit slip.

e) Assignment of case number.

f) Issuance of court fees receipt by the cashier.

g) Date stamping of the documents.

h) Registration of the case.

i) Entry of data in case register (See Appendix A annexure 1) which may be amended as

appropriate.

j) Entry of data in the case management system.

3.1.1 Filing

a) Files shall be sorted out and led according to the desired next action.

b) Pleadings and correspondence shall be led chronologically on the right hand side of the

le cover in reverse order.

c) Proceedings shall be led on the left hand side of the le cover in reverse order.

d) Treasury tags shall be used to fasten the documents.

e) Pleadings and proceedings shall be serially numbered and paginated by the Judicial Ofcer

or Court Assistants.

3.1.2 Court Fees Assessment

The rules pertaining to the Court fees assessment are found in Part IX of the Judicature Act Cap 8

Laws of Kenya and the schedules to the various statutes. Assessment of court fees is based on the

Guide to Assessment of Court fees Revised Edition, 1995.

Court fees is also known as ‘Appropriation-in-Aid’ and constitutes one of the sources of government

revenue.

There are various categories of court fees such as:

• Court Adjournment Fees (CAF)

• Further Court Fees (FCF)

• Court Collection Fees(CCF)-Incase of deposits and execution of warrants by

auctioneers

• Admiralty Marshal fees

• Fees on miscellaneous matters

• Fees on special cases

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HIGH COURT REGISTRY OPERATION MANUAL

• Fees on part-heard matters

• Mention fees

• Certication fees

• Reference to archives fees

a) Court fees is payable in ling all matters except criminal matters. However, fees is payable

in privately prosecuted criminal cases.

b) Other exemptions from payment of court fees are those provided under Article 22(3) c of

the Constitution of Kenya 2010 and the provisions of Order 33 of the Civil Procedure

Rules in case of paupers.

c) Court fees is payable in other miscellaneous matters relating to brokers licenses, advocates

admission, notary public appointments and/or renewal of certicates, court library

membership and renting of lockers for use by advocates.

d) In civil matters, there are two categories of court fees, that is, fees on liquidated claims;

and fees on non-liquidated claims i.e. claims for other reliefs or unspecied amounts of

money.

e) No court fees shall be deliberately under assessed.

f) No decree or order shall be issued by the registry without payment of further Court fees in

case of non-liquidated claims.

3.1.2.1 Calculation of fees for liquidated claims

• The fees payable for monetary claims from Ksh 1- 6000 are specically tabulated in the

court fees guide. However, any court fees in excess of Ksh 5000 is assessed by subtracting

5000 from the amount claimed and then multiplying the balance by 5% and adding that

value to Ksh 730 which is the fees payable on the KS 5000 initially subtracted from the

amount claimed.

• A court fees certicate shall be completed and signed by the DR before a decree or order is

signed and issued.

• Court fees is non- refundable except in cases where court fees has been wrongly assessed.

3.1.2.2 Contention of Court Fees

In cases where there is contention of court fees assessed, the followings steps shall be taken;

a) Fees shall be paid as assessed.

b) A written protest shall be led within 7 days after assessment stating the reason(s) for

contention.

c) Fees shall be reassessed by the registry.

d) Party shall be informed of the outcome by the registry in writing.

e) Refund of fees over assessed shall be made.

f) In the event that the party is still dissatised, le shall be referred to the Resident Judge or

the DR for determination.

g) Order made on fees shall be nal.

A fee of 100/= is payable upon ling a written protest. The fee is refundable in case of a

successful protest.

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3.1.2.3 Fees on general damages

• General damages are those whose claim cannot be estimated at a monetary value by the

parties and at the registry. The fee for such claims is KS 1,500 in the rst instance, per

relief sought.

• The actual fees payable is paid as further court fees (FCF) once the amount of damages has

been assessed and awarded by the court or by consent of the parties.

3.1.3 Bring ups

• Files shall be brought up for action after every 30 days and recorded in a bring-up diary.

• In all Appeal cases reminders for the lower Court/tribunal records shall be sent after every

two months.

• The third reminder shall be copied to the Registrar High Court and Magistrates’ Courts for

intervention.

3.1.4 Movement of les

• All les shall have a tracking card.

• Each Judicial Ofcer and Judicial staff shall have a serialized le movement register where

all interactions with les shall be recorded.

• Movement of all les shall be manually and electronically captured.

3.1.5 Transfer of les

a) Files shall be transferred by an order of the Court.

b) The order of transfer shall be entered in the main suit register and or case management

system.

c) After a le is transferred, a case skeleton le shall be opened and kept in the shelf together

with the tracking card and a copy of the order transferring the case.

d) The cases transferred shall be reduced from the number of outstanding cases.

e) A new case number shall be assigned to the cases transferred and received from other

Courts.

f) A le shall be opened and details of the case captured in the manual register and in the

electronic case register.

g) The station receiving the le shall acknowledge receipt of the le and notify the court of

origin and the parties of the new case number by a letter or email.

h) Files transferred to other courts shall be forwarded immediately without delay and

the same shall be received by the Deputy Registrar who shall place them before the Judge

for directions

3.1.6 Service of Court Process

a) A process server shall be assigned the court process to serve by the Registry Supervisor.

b) A register of process service shall be maintained in each registry and all court processes

duly entered. The Register is marked in Appendix A as Annexure 2.

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c) Afdavit of service shall be led and placed in the le after service of court process.

d) Afdavit of service by private and foreign process servers shall be accompanied by a copy

of current practicing license.

e) In case of Foreign Service a letter forwarding the document for service abroad shall be

prepared and forwarded through the Ministry of Foreign Affairs and International Trade.

f) Cost incurred for service of foreign legal process shall be prepared and sent for payment by

the party requesting service through the Ministry of Foreign Affairs.

3.1.7 Certicates of Urgency

• Certicates of Urgency that are led between 8.00 am and noon shall be heard the same

day.

• Certicates led later than 12 noon shall be slated for hearing the following day.

• Files shall be taken to the Deputy Registrar for verication before being placed before the

duty Judge.

3.1.8 Court Orders

a) The Court Assistant attached to a court shall ensure orders in respect to Certicates of

Urgency are prepared and typed whether or not the parties have applied for such orders.

b) In respect of other matters, the Court Assistant shall receive a draft from the applicant in

soft copy, proof read and amend it as may be necessary.

c) The Court Assistant shall present the extracted order to the Deputy Registrar for signature

upon payment of requisite court fees.

d) The Liaison Desk shall dispatch the signed Order to the parties.

e) The le shall be returned to the records management section for safe custody.

f) All orders granted shall be signed and issued on the same day.

3.1.9 Proceedings

a) There shall be continuous typing of proceedings by the Court Administrative Assistant

attached to respective Judicial Ofcers.

b) Parties, who wish to apply for proceedings, shall ll a request form.

c) The Front Ofce shall channel the request to the Appeals section, where the request shall

be recorded in the proceedings register. The Appeal section shall thereafter allocate the

proceedings to the relevant Judicial Ofcer’s Court Administrative Assistant.

d) The Court Assistant attached to the said Judicial Ofcer shall proof read the proceedings.

e) The proof read draft shall then be returned to the said Court Administrative Assistant for

necessary corrections if any.

f) Once the proceedings are ready, the applicant shall be notied by the Liaison Desk of the

completion of the proceedings and advised of the balance of Court fees.

g) The proceedings shall be certied by the Deputy Registrar before collection.

h) The proceedings shall be released to the applicant who will acknowledge receipt of the

same.

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i) Weekly and monthly returns shall be prepared by each Court Administrative Assistant in

forms marked as Appendix B Annexures 6 & 7 respectively.

3.2 Court Sessions

3.2.1 Court Procedure

a) The Court Assistant shall receive all les that are scheduled to appear on the cause-list

from the ofcer in-charge of the dates section the day before the date of hearing and record

the les in his diary.

b) The Court Assistant shall write the coram, agging the relevant documents and pleadings

and shall ensure that les are properly tagged and worn out folders replaced.

c) The Court Assistant shall arrange the les according to the cause list and forward them to

the Judicial Ofcer hearing the matters at least a day before the date of hearing.

d) Each morning, the Court Assistant shall ensure that the court is cleaned, writing materials

are in place, and all automated systems are functioning.

e) At the appointed time, the Court Assistant shall open the court for the litigants and

advocates.

f) The Court Assistant shall inform the Judicial Ofcer that the Court is ready at the relevant

time.

g) After the Judicial Ofcer is seated, the Court Assistant shall greet the customers, introduce

the judicial ofcer and all other ofcers of the court present and invite the judicial ofcer

to take charge.

h) During the court session the Court Assistant shall call out the les according to the cause

list.

i) In criminal matters, the Court Assistant shall establish the language of the litigant; read the

plea and ask the accused to answer to the charges.

j) The Court Assistant shall ensure that the interpretation is carried out as required, update the

court diary, receive exhibits and ll out the necessary forms.

k) At the end of the court session, the Court Assistant shall call the court to attention for the

Judicial Ofcer to leave.

l) At the end of the day, the Court Assistant shall enter the position of each case in his/her

diary and in the electronic case management system.

m) The Court Assistant shall extract any orders given by the court and prepare the daily

statistical returns.

n) The Court Assistant shall return the les to the registry and distribute them to the relevant

ofcers for action as per the court orders. In the course of doing this, the Court Assistant

shall ensure that he clearly indicates in his le register and the case management system

the ofcer he has handed over each court le to.

o) The Court Assistant shall submit case returns to the Registry Supervisor at the end of each

day.

3.2.2 Handling of Exhibits

a) The Court Assistant shall receive and mark the exhibits produced in court

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b) As the exhibits are produced, the Court Assistant shall prepare a list of exhibits.

c) Documentary exhibits shall be clearly marked and kept in the Court le.

d) Valuable documentary exhibits for instance title deeds, logbooks, money shall be kept

in a sealed envelope and its content clearly marked and handed to the Registry

Supervisor for safe keeping.

e) Other exhibits shall be listed in the exhibit register by the Court Assistant and handed over

to the exhibits store ofcer.

f) Motor vehicle exhibits once produced shall be secured in a designated parking and the key

deposited at the exhibit store.

g) Substance products for instance narcotics and alcoholic drinks shall be kept in a substance

store.

h) Forest and wildlife products shall be photographed, documented and returned to their

respective departments for safe custody.

i) All exhibits produced in civil proceedings shall be retained by the Court until conclusion of

the case.

j) A Register of Exhibits is marked in Appendix A as annexure 3.

3.2.3 Handling of Security Documents

3.2.3.1 Bond processing

a) Each registry shall have a notice clearly indicating the person handling bond processes.

b) Securities shall be presented to the designated ofcer/desk for verication.

c) Letters shall be written to relevant authorities for verication of the authenticity of the

security documents or identity cards. The letters shall be delivered by a Court Process

Server.

d) Examination and approval of sureties shall be carried out by the Deputy Registrar.

e) Surety forms/release orders shall be prepared by the Court Assistant attached to the Deputy

Registrar for signature by the Deputy Registrar.

f) Release orders shall be dispatched to prison authorities by the Liaison Desk.

g) Judicial Ofcers shall order for release of the cash bail or security automatically once the

matter is nalized.

3.2.3.2 Security Documents

a) Log books

b) Title deeds

c) Pay-slips and an introduction letter from the employer

d) Identication cards

e) Coloured passport size photographs

f) Ofcial search for the documents

g) Ofcial search receipt

h) Valuation Report as may be necessary

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3.2.3.3 Bond forms

i. Particulars of surety forms (Appendix B as Annexure 8)

ii. Bond and bail bond (Appendix B as Annexure 9)

iii. Release order where surety has signed bond (Appendix B as Annexure 10)

iv. Release order where cash bail has been paid (Appendix B as Annexure 11)

3.2.4 Fixing of Hearing Dates

a) Courts shall x matters for hearing and serve hearing notices on advocates or parties.

Priority shall be given to older matters.

b) Advocates and parties in person can also take hearing dates after issuing invitation letters.

c) Invitation letters from the parties shall be brought to the registry one week in advance, to

allow sufcient time to retrieve les.

d) The Court Registry Assistant in charge of issuing dates at the registry shall conrm service

on the other party and ensure that the matter is ready for hearing before issuing a date.

e) For dates taken ex-parte parties shall be requested to undertake service on the other party.

f) Dates shall be issued on two designated days in a week between 8:30 am -12:30pm.

g) The Court Registry Assistant issuing dates shall clearly indicate the date given on the le.

h) Before signing the date minute, the Deputy Registrar shall verify that the matter is ready

for hearing.

i) In the event that the Deputy Registrar nds that the matter is not ready for hearing, the

parties will be notied by the Liaison Desk to attend a mention before the Deputy Registrar

to be notied of the position.

j) Judicial ofcers can also x dates in court. Dates xed in court shall be captured by the

Court Assistant and transferred into the master diary at the end of the day.

k) The Deputy Registrar shall inspect and sign the master diary once a week.

l) The Court Assistant and Court Registry Assistant in charge of dates shall reconcile the

master and Court diaries at the end of each day.

m) Part heard matters shall be listed before the Judge seized of the matter.

n) While xing hearing dates, priority shall be given to the old cases, children matters,

divorce causes and matters for formal proof.

3.3 Cause listing

a) The Cause list shall be prepared one week in advance by the Court Registry Assistant in

charge of the Dates section.

b) The Deputy Registrar after consultation with the Presiding Judge shall approve the cause

list which shall thereafter be posted on the internet.

c) A hard copy of the cause list shall be posted on the Court notice board.

d) The cause list shall be classied into hearings, mentions, applications, notice to show

cause, submissions, rulings and judgments.

e) The cases that have been taken out of the hearing list shall be indicated in the daily cause

list.

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f) The Deputy Registrar shall give directions on urgent matters which have been taken out of

the cause list.

g) The reasons for taking out cases shall be recorded as part of court proceedings by the

Deputy Registrar.

h) The Liaison Desk shall notify the parties whenever matters are taken out.

3.4 Statistical Returns

a) Daily, monthly and annual returns of cases are prepared by the Court Assistants, Legal

Researchers and Registry Supervisors respectively.

b) The returns provide details on the number of cases registered, decided, transferred, pending

and average age of the case since its institution.

c) If matters are adjourned, the reasons for the adjournment shall be indicated in the daily

case returns and the case management system by the Court Assistants.

d) A case returns register shall be maintained by the Registry Supervisor.

e) The returns shall be entered by a Registry Supervisor into a specially designed Statistical

Returns template and submitted online to the Directorate of Performance Management.

3.5 Handling of Mail

• Mail activities are categorized into in-coming and out-going mail

• Incoming mail is received through:

o Post Ofce

o Courier

o Ofce Assistant

o E-mail

• Mail from Post Ofce is collected and dispatched to the registry by the Mail Registry personnel

for distribution to the respective Divisions/Sections.

• Mail received through Courier services is signed for by the receiving ofcer.

• The plastic bag containing the Mail is opened and the contents are noted before the Courier

service ofcer leaves.

• The Inter-divisional mail or mail from outside is delivered to the ofcer concerned by an ofce

assistant.

• The details of the mail are entered in the GP. 54 Delivery Book.

• The receiving ofcer signs in the delivery book upon receipt.

• Electronic Mail (e-mail) is used for Inter-Directorate and Inter-Personal ofce communication.

• The ofcial e-mail address contains the ofcers rst name.surname@judiciary.go.ke

• All incoming mail shall be date stamped with the ofcial receiving stamp which shall indicate

the date of receipt and the action ofcer.

• All incoming mail is entered in an incoming mail register by a designated registry ofcer.

(Appendix A as Annexure 4).

• All out-going mail is entered in an outgoing mail register by a designated registry ofcer.

(Appendix A as Annexure 5).

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4.0 RECORDS MANAGEMENT PROCESSES

A high degree of continuous responsibility and control of Court records must be exercised from

creation receipt, transmission and eventual disposition of Court records to ensure that they are

authentic and reliable for the conduct of Court business.

4.1 Filing Systems

4.1.1 Classication

• Files are classied in a systematic manner in accordance to the types of cases in the Court.

• The logical sequence of classication of les enables easy retrieval of les.

4.1.2 Filing

a) Case les are led in Alpha-Numerical order which is a combination of letters denoting the

Classication of the case e.g. HCCC, HCCA etc. and numerals denoting the case number and

year led e.g. 304/2013.

b) All correspondence, pleadings and proceedings are numbered sequentially, including case

number, by indelible ink pen. The system of numbering correspondence must be consistent with

proceedings being numbered from left to right and pleadings from right to left.

c) Court les are led in either vertical or horizontal order depending on the specications of the

shelves and should have a tag for every bundle of 50 or 100 les as may be appropriate.

d) Storage shelves should be properly marked and labeled to enable retrieval of les from a given

series.

4.1.2.1 Requirements for Filing

The following measures are taken before ling;

a) Ensure the document belongs to the le selected.

b) Ensure the le reference on the document corresponds with the case number of the le.

c) Make sure all pages of a multiple page document are present.

d) Ensure all attachments (if any) are included.

All documents led are entered into a minute sheet maintained in every le containing details of

the case number, type of document, date led and signature of the ofcer receiving the document

as appearing in Appendix B as Annexure 12.

4.1.3 Retrieval of les

a) Members of public have no access to the Registry and ling space.

b) Staff are accommodated in the Registry away from the ling space/shelves.

c) The ling shelves are not accessible to unauthorized staff other than those responsible for ling

and retrieval of les.

d) Requests for les is made in writing and acknowledged on receipt by imposing a date stamp.

e) A request for perusal of les is made in the Form appearing in Appendix B as Annexure 13.

f) Perusal of les is done upon payment of perusal fee.

g) Internal and external requests for les are recorded in a le Retrieval register appearing in

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Appendix A as Annexure 6.

h) External requests for les are done one day before the desired service, except when ling

certicates of urgency and matters by unrepresented clients.

i) File tracking cards are placed where a le has been retrieved.

j) Files retrieved are entered in both manual and electronic le tracking system.

4.1.4 File Movement Register

a) All les moved to and from the registry are entered in a le movement register appearing in

Appendix A as Annexure 7.

b) The information contained in the le movement register is entered in an electronic system as a

backup and for ease of tracking records.

4.1.5 Bring-Up Diary

The Bring –Up (BU) system is used for purposes of monitoring of processes in the registry.

a) The bring-up system is used as one of the prime indicators of the efciency of a registry and of

the trust and reliance placed on it by action ofcers.

b) The bring ups are regulated by the statutory requirements and or practice directions on case

management.

c) The bring-up system eliminates the need for action ofcers to hold on to les for long periods

unnecessarily and also helps to keep ofces uncluttered.

d) The registry/archives maintains bring-up records by the use of a desk diary with a space for each

day.

e) File users must indicate the need for, and details of, any ‘bring-up’ (BU) in writing.

f) Registry/Archives staff record the request in the Bring-up diary under the appropriate date.

g) Each day, the member of the Registry staff responsible for the BU diary, must do the

following:

(i) Check the Bring-up diary for the next day’s entries;

(ii) Retrieve each le due for BU;

(iii) Record on the movement register and tracer card the les dispatched to the

relevant ofcers the next working day.

(iv) If a le due for BU is not in the Registry, then the Registry staff must locate it,

using the tracer cards and movement register.

(v) If the le is already being used by the ofcer who has requested it, or by

another ofcer, it is the responsibility of the registry/Archives supervisor to

notify the ofcer(s) and coordinate action between them.

4.2 Reproduction of Records

a) Reproduction (Photocopying, scanning etc.) Of Court records are carried out based on written

requests made at least one (1) day in advance to the Deputy Registrar or by an order of the Court

in-case of Court proceedings.

b) Reproduction of Court records is subject to payment of the requisite Court fees, save for the

media who are given one copy of decisions in cases of public interest. A soft copy of the decision

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is also provided to the media.

c) Requests for photocopying of Court records shall be made in the form appearing in Appendix B

as Annexure 14.

4.3 Accessioning of Archives Files

Accessioning is the process of the Court archives acquiring concluded case les from the registries.

a) The archives receive les from the Registry which are entered into an accession register in

Appendix A as Annexure 8.

b) Worn out le covers and documents are repaired before ling.

c) Accessioned les are led in their respective pigeons/shelves in appropriate series, according to

the registry of origin, and the order of their creation.

4.4 Custody and Safety of les

a) Files are stored in appropriate ling shelves and storage cabinets, in areas devoid of humidity,

pests and with controlled temperature.

b) Control of access to storage areas is limited to only authorized personnel.

c) All requests for les from any persons are submitted in writing.

d) Lighting of matches, smoking and storage of inammable materials or cleaning solutions in the

registry/archives is strictly prohibited.

e) There must be carbon dioxide re extinguishers in all registries and archives, which shall be

inspected regularly.

f) There will be frequent inspection of records storage areas by the Court Deputy Registrar to

ensure that water leakage is traced in time and repaired to prevent damage.

g) Fumigation of registries and archives is done every six (6) months.

h) Records must be protected from direct sunlight.

i) No food or drink is consumed at a table where les are processed.

j) Electrical equipment must be switched off at the end of the day.

k) Regular re drills are conducted.

l) Disaster preparedness plan is tested regularly.

4.5 File Audit

a) File audit is regularly conducted to ensure that the parameters set out in the case management

timelines provided for in the various statutes are met.

b) In order to conrm the location of les that are not in the Registry’s custody, registry/archives

staff must carry out regular le audits (at least once a month). If no discrepancies are found the

frequency of le audits can be reduced.

c) By the second week of every month, each action ofcer is visited by a designated registry/

archives ofcer who lists on a census sheet the le number and parties of all the les held by that

ofcer.

d) All les not being used by the ofcer are returned to the Registry immediately.

e) The Audit ascertains that details of concluded cases have been entered into the case register, that

is, the result of the case, date of such decision and Judge/magistrate who made the decision.

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f) The ndings of the Audit and all action points are presented to the Deputy Registrar.

4.6 Tracing and Reconstruction of Missing Files

If a le is missing, the Registry will take the following steps:

a) The Registry Supervisor checks le movement register to identify the person in whose possession

the le was last recorded. The Supervisor instructs him/her to trace the le.

b) If the le is not traced, the registry supervisor circulates a memo to all staff in the Station/

Registry asking them to check whether the le is in their possession. If the le is not found

within 24 hours, the supervisor will notify the Deputy Registrar.

c) The Deputy Registrar then initiates a special search.

d) If the le is not traced after this rst search, the Registry Supervisor writes the words ‘Original

le missing’, in pencil, on the relevant case register.

e) The Registry Supervisor then enters the details of the missing le in the register of missing les

which is maintained by the Registry Supervisor.

f) After a fruitless search of 14 days, the Deputy Registrar issues a certicate to conrm the loss

and recommends the reconstruction of the le.

g) Parties are informed of the non-availability of the le in writing by the Deputy Registrar with a

recommendation for reconstruction.

h) In the event that a missing le is traced, the date of recovery is recorded and its availability is

communicated to the parties concerned by the Deputy Registrar within 24 hours of its tracing. A

certicate conrming the recovery will be issued.

i) The le once traced is merged with any skeleton le that may have been opened.

4.6.1 Skeleton Files

a) If action or an application is to be made on a le that is missing, the registry shall ensure that

a skeleton le is opened, subject to reconstruction orders being granted and the desired action

taken.

b) A skeleton le is assigned the same number and parties as the original missing le and its

existence and movement is recorded in the normal way.

c) Special printed skeleton le covers are used for reconstructed les. In the absence of printed

skeleton le covers, a standard le cover for the station is used but it must be boldly marked with

the word ‘SKELETON’.

4.7 Disposal of Records

4.7.1 Records Survey

Before appraisal and disposal of records is carried out, a records survey is conducted to ascertain

the volume of records to be appraised, the storage areas or rooms the records are kept, conditions

of storage,formats of records (paper or electronic), physical characteristics e.g. Maps, sketch plans

etc.and a report made on these observations.

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4.7.2 Criteria for determining records that may be disposed/ destroyed

No. Description of Records

Period after which

the records may be

destroyed

All records rendered illegible or useless by climate, insects, re or water.

Records in civil proceedings, other than those relating to:

- title to immovable property

- Succession Causes/Inheritance/ Right of heirship

- Constitutional and Human Rights issues

- Rights to water, air, way, light or other easement

- Custom of a tribe, community or locality.

Records in criminal proceedings where acquittal or discharge has been ordered

or nes only imposed, orders for security made or sentences of imprisonment

not exceeding one (1) year passed and where accused has been committed for

trial and complaints dismissed by a magistrate.

- Police reports of death and Inquest records.

- Miscellaneous police reports.

- Reports of railway accidents

Judicial returns from magistrates Courts

Books of accounts lodged in bankruptcy proceedings where a discharge was

granted

Miscellaneous correspondence regarding dates of trial, service of summons,

execution of warrants, transfer of proceedings, attendance of witnesses and

related correspondence.

Books of account and miscellaneous documents, other than records relating

to estates of deceased persons which have been distributed and accounts

audited.

Books of account lodged in connection with bankruptcy proceedings.

At once

12 years from date

of judgment or

nal order.

3 Years from date

of judgment or

nal order.

3 Years from date

of preparation.

3 Years from date

of preparation.

3 Years from date

of discharge.

3 Years from date of

correspondence..

3 Years from date

of audit.

12 Years from date

of adjudication.

(Source: Records Disposal Act, Cap 14 Laws of Kenya)

4.7.3 Appraisal of records

a) A physical audit of case les is conducted after conclusion of the cases, to ascertain

whether they qualify for disposal or permanent preservation as per the guidelines provided

for by the Records Disposal Act Cap 14 as summarized hereinabove.

b) The audit is triggered by maintaining a bring- up register to be informed by the retention

and disposal schedule maintained in the registry/archives.

c) The case les identied for disposal are then listed.

d) A draft gazette notice is then prepared for cases destined for disposal and submitted to the

Chief Registrar or other designated ofcer to facilitate gazettement and publication in the

form provided in Appendix B as Annexure 15.

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e) The archivist communicates to the responsible registry/Court upon gazettement, the date of

gazettement and gazette number of the intended destruction.

f) On expiry of three months after gazettement, the Court makes a request to the Hon. Chief

Justice seeking authority to destroy the records, books or papers in respect of which the

gazette notice was issued.

g) Once authority is granted, the Archivist ensures that the disposal authority is

communicated to the Courts/ registries within twenty (24) hours.

h) All records to be destroyed are burnt in the presence of a magistrate or Deputy Registrar or

any other authorized ofcer. The said ofcer makes an entry in the Court register in red the

letter ‘D” and the date of destruction against each case’s particulars.

i) In the interest of environmental conservation, authority to burn shall be sought from the

National Environment Management Authority (NEMA).

j) Upon destruction, the Court or station submits a certicate of destruction as per the Form

in Appendix B as Annexure 16.

k) A register is maintained in the archives of all records destroyed as per the certicates of

destruction submitted. The register shall contain particulars of the records disposed, the

date of disposal authority granted by the Chief Justice, the date of destruction, and the date

of the certicate of destruction.

4.8 Disposal of Exhibits

Disposal of exhibits can be by way of sale or destruction;

a) The trial or duty Court makes an order for disposal of exhibits at the conclusion of the

case.

b) The disposal is overseen by the trial/duty court, the ofcer in charge of prosecution, the in

charge of the exhibits store and the Court Assistant.

c) Disposal of exhibits must be recorded in the proceedings.

4.8.1 Perishables

a) Perishable exhibits are disposed of on the date of plea and a certicate of destruction/

disposal placed in the court le awaiting hearing and determination of the case.

b) Photographs of exhibits and the disposal process are taken by an ofcer of the court.

c) At the conclusion of a case, any of the party entitled to the exhibit already disposed of is

entitled to the proceeds of the sale.

4.8.2 Drugs and Substances

a) Alcoholic exhibits are either sold or destroyed as per the order of the trial Court.

b) The trial or duty Court makes an order authorizing destruction of the exhibits in a manner

proposed by the anti-narcotic agency and in consultation with the National Environment

Management Authority (NEMA).

c) Narcotic exhibits are disposed of in the presence of anti-narcotic agency.

4.8.3 Auto mobiles

a) The trial/duty Court makes an order for the disposal of Automobiles.

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b) The Court order is extracted by the Court Assistant and forwarded to the directorate of

Supply Chain Management of the Judiciary to initiate the process of auctioning.

c) After the sale a receipt is issued and the necessary transfer documents prepared.

d) The proceeds of the sale revert back to the state.

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5.0 TYPES OF CASES AND PROCESSES IN THE REGISTRIES

5.1 HIGH COURT CRIMINAL CASES

The processes in criminal cases are governed by the provisions of the Criminal Procedure Code

Cap 63 Laws of Kenya, and the Rules thereto.

The High Court criminal registry handles the following matters:

a) Murder cases

b) Applications

c) Appeals and Revisions from the decisions of Magistrates’ Courts and Court Martial trials

5.1.1 Murder Cases

5.1.1.1 Requirements for Registration

a) Information from the ODPP

b) Witnesses’ statements, list of witnesses and list of exhibits

5.1.1.1.1 Registration

a) Information is received from the Ofce of the Director of Public Prosecutions(ODPP)

b) The following details are entered into the case register:

i) Case number

ii) Date of registration of the Information

iii) Name(s) of accused person(s) and nationality

iv) The charge(s)

v) Name, Force number and Contacts of the Investigating Ofcer

vi) Relationship of accused and the deceased

vii) Gender of the accused person(s)

viii) Gender of the deceased person(s)

ix) Age indicating whether accused is an adult or a minor

5.1.1.2 Plea Taking

a) After the case has been registered the le is taken to the Judge for mention.

b) A remand warrant is prepared by the Court Assistant to accompany the accused in custody.

c) An advocate is appointed to represent the accused from a list maintained in the registry. An

appointment letter and the witnesses’ statements are served upon the appointed advocate.

The letter is marked in Appendix B as Annexure 17.

d) After the advocate has been appointed the plea is taken by the court at a date given for

plea. The pleas must be read in a language that the accused person understands.

e) After plea is taken by the Judge, the Judge gives directions as to the hearing date.

f) The date is entered into the master diary and the case management system by the Court

Assistant.

g) Upon conclusion of the hearing the court issues an order for the payment of the fees of

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the pro bono advocate. The Court Assistant extracts the order and after execution by the

Deputy Registrar, forwards the le to accounts for processing.

5.1.2 Applications in Criminal Matters

5.1.2.1 Nature of applications

a) Application for bail and bond

b) Application for leave to appeal out of time

c) Application for stay of proceedings in the lower Court

d) Application for anticipatory bail

5.1.2.2 Requirements

a) Notice of motion.

b) Supporting Afdavit duly commissioned.

c) The application should be dated and signed by the applicants.

d) Ofcial court fees receipt.

5.1.2.2.1 Registration

a) The documents are presented at the registration counter.

b) The documents are veried by the Counter Ofcer at the registration counter.

c) The parties are encouraged to assess ling fees using provided forms at the counter.

However, in the event that they are unable to do so, court fees are assessed at the

registration counter.

d) Once court fee is paid, the Court Registry Assistant date stamps the Application.

e) The details of the application are entered into the register and case management system. A

number is allocated.

5.1.2.3 Dates for Applications

a) In cases where a party is represented by an advocate, hearing dates are xed in presence of

the advocate.

b) Applicants who are in custody or who appear in person are served with hearing notices

before the hearing date by the court process server.

c) A production order accompanies the hearing notice for the accused to be brought in court

on the \hearing date.

d) The Ofce of the Director of Public Prosecutions must be served with every application

and a hearing notice.

e) After hearing and determination of the applications the results are typed and dispatched to

the lower Court and the ODPP together with certied copies of the ruling and or orders for

compliance.

5.1.3 Criminal Revisions

5.1.3.1 Registration

a) Deputy Registrars shall continuously receive weekly returns on criminal cases from lower

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courts under the Jurisdiction of the High Court.

b) The Deputy Registrars shall forward for direction cases deserving of Revision to the Judge

on a day to be set aside for Revisions.

c) Revisions by parties are instituted by way of application or letter addressed to the Deputy

Registrar.

d) If the Judge directs that the lower Court record be availed, a request for the le shall be

prepared by the Court Assistant and taken to the Deputy Registrar for execution on the

same day.

5.1.3.2 Fixing dates for Revisions

a) Hearing dates are taken in presence of the advocate on record.

b) Applicants appearing in person and who are in custody are served with hearing notices by

the court process server.

c) The Ofce of the Director of Public Prosecutions must be served with every application

and a hearing notice.

d) After hearing and determination of the applications the results are typed and dispatched to

the lower Court and the ODPP together with certied copies of the ruling and or

orders for compliance.

5.1.4 Criminal Appeals

5.1.4.1 Requirements

a) Appellant acting in person and in prison must attach committal warrant in the petition.

b) A Petition of Appeal duly lled.

c) A certied copy of the judgment and a charge sheet if the appellant is represented.

d) Advocate must provide the prisoner’s prison number for purpose of issuing a production

order.

e) Seven certied copies of the lower court proceedings and judgment properly indexed and

paginated.

f) List of exhibits.

g) List of witness.

h) If the petition is led out of time, leave should be obtained by making an application to the

Court.

5.1.4.1.1 Registration Process for First Appeals

a) The appeal is presented at the counter.

b) Court fee is assessed for represented petitioners.

c) Appellants in custody are exempted from payment of Court fees.

d) Petition is registered and criminal Appeal number issued.

e) Petition is stamped with the date.

f) Appeal le is opened.

g) File is referred to the appeals section for requests for the lower Court records to be made.

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h) The Appeals section enters the date the le is to be brought up into the bring-up diary and

case management system.

i) After three weeks, a reminder is sent to lower courts.

j) First letter is dispatched to prison authorities and counsel on record.

k) At the end of every week, the Liaison Desk forwards to the prisons contact person the list

of appeal numbers of appeals led.

l) Appeal le is led away to await lower court records.

m) In the event that the lower court le is not received after the third reminder, a letter shall be

written to the RHC and copied to the RMC.

n) Lower Court records are received and proofread.

o) Lower Court le is merged with Appeal le.

p) Files are forwarded for admission by the Hon. Judge.

q) Register is stamped to indicate that appeal has been admitted.

r) The Liaison Desk informs the Prisons Liaison that Appeal has been admitted.

5.1.4.2 Hearing Dates

a) Two Judge Bench matters are separated from single Judge Bench matters.

b) The record of Appeal is served on the appellants or the advocates and the Ofce of the

Director of Public Prosecutions.

c) The call over list is prepared before the start of the court term starting with the oldest

Appeal.

d) The call- over list containing the criminal appeal numbers, the lower court case number,

the name of the appellants and the hearing dates allocated to each appellant is served to the

Ofce of the Director of Public Prosecutions and the Prison authorities.

e) Service of hearing notices upon the Director of Public Prosecution and appellants/

advocates.

f) Production orders are issued to prison authorities.

g) After hearing and determination of the Appeal, result of the appeal (Appendix B

Annexure18) and signal (Appendix B Annexure 19) are typed and dispatched to the prison

authorities.

h) The lower court records are returned with the result of appeal together with two certied

copies of the High Court judgment. One of the copies is for the trial magistrate’s personal

record. In the event that the conviction is upheld, the lower court record will be retained for

a period of six months so as to allow time for appeal in the Court of Appeal.

i) A certied copy of the judgment is also dispatched to the ODPP.

j) Results of the Appeal are entered in the case register and case management system.

5.1.5 Second Appeals

5.1.5.1 Requirements

a) Notice of Appeal.

b) Seven certied copies of proceedings from the High Court.

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c) Seven certied copies of proceedings from the lower Court.

d) Original High Court le.

e) Original lower Court le.

5.1.5.1.2 Registration and processing of second Appeals;

a) Notice of Appeal is presented at the registration counter.

b) Fees is assessed where the notice is being led by an advocate. Unrepresented prisoners do

not pay ling fees.

c) Notice of Appeal is stamped and registered.

d) Notice of Appeal, together with the High Court le is forwarded to Deputy Registrar for

signature.

e) Request for the lower Court le is sent to the lower court registry if the le had already

been returned.

f) The le is transferred to the Appeals section.

g) The Notice of Appeal to Court is sent to the Court of Appeal Registry for assignment of an

appeal number. The details of the notice are entered into a register and a case management

system.

h) Follow up is made with the Court of Appeal within two weeks to ensure that a Court of

Appeal number has been issued.

i) If no Appeal number is issued, a letter is written to the Registrar High Court indicating this.

j) High Court proceedings are typed and proof read.

k) Records of Appeal are prepared.

l) The appellant is served with a copy of the Record of Appeal.

m) Record of Appeal together with original High Court & Lower Court les is sent to the

Court of Appeal.

n) A copy of the record is sent to the Ofce of the Director of Public Prosecution.

o) After the Appeal is heard and determined, the results of the Appeal is entered in the case

5.2 CIVIL CASES

Civil cases include the following:-

a) Contract and Tenancies

b) Tort -Defamation, Nuisance, Negligence, Trespass, running down/accident cases etc.

c) Miscellaneous Civil Applications.

d) Appeals from Subordinate Courts and Tribunals. e.g. Rent Restriction and Business

Premises Rent Tribunals, Provincial Appeals Committee, Alcoholic Drinks Control

Licensing Committees, Co-operative Tribunals, etc.

e) Disputes related to leadership in Churches, Sports Association, Professional bodies, Clubs.

The processes in the High Court and Magistrates Civil Courts are governed by the Civil

Procedure Act Cap 21 and the rules thereof save for the jurisdiction.

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5.2.1 Requirements

a) Choice of Track viz Small Claim, Fast Track, Multi Track.

b) Name of the Court in which the Claim is led.

c) Sworn verifying afdavit(s).

d) Physical, postal, e-mail addresses and mobile telephone contacts of all the parties and or

advocates.

e) Summons to Enter Appearance.

f) List of Witnesses.

g) Plaintiff’s statements.

h) Written statements by the witnesses except expert witnesses.

i) Copies of documents to be relied upon during trial.

j) Demand letter.

k) Authority/Consent to sue in case of representative suits which are instituted by way of

originating summons.

5.2.1.1 Registration procedure for Civil Cases

a) Plaint/Originating Summons is presented at the registration counter.

b) Pleadings and documents are veried.

c) Court fees is assessed.

d) Payment voucher with serial number is issued.

e) Court fees deposit slip is veried.

f) Case number is assigned.

g) Court fees receipt is issued by the cashier.

h) Documents are date stamped.

i) Case details are registered in a manual and electronic Civil Case Register.

j) Case le is opened.

5.2.2 Issuance of Summons

a) Summons to enter appearance are signed by the Deputy Registrar or Registry Supervisor.

b) Summons are sealed with the Seal of the Court on the day of ling the suit and issued by

the Court within 30 days from the date of ling.

c) The suit abates where summons to enter appearance are not collected within 30 days of

issuance, other than those to be served by the Court.

d) Summons is valid for 12 months from the date of issue and may be sought from the Court

upon expiry. For cases certied urgent the summons to be signed simultaneously with the

order.

e) The period of extension of summons, if granted is marked on the Summons with an ofcial

Stamp.

f) Service of Summons is effected by licensed Court Process Servers.

g) Summons sent for service outside the jurisdiction of the Court are forwarded to the nearest

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Court for Service.

h) Afdavit of Service of Summons is led after Service has been effected.

i) Service of Summons abroad is effected by the Court through the Ministry of Foreign

Affairs.

j) Service of foreign legal process in Kenya is done by Court Process Servers. No Court fees

are charged in respect of this service.

k) A register of all Service of Summons is maintained in the Registry.

5.2.3 Miscellaneous Civil Applications

a) The following matters are led as Miscellaneous Applications:

• Taxation.

• Registration of foreign judgments and Arbitration Awards.

• Registration of Applications for pauperism. They are accompanied by particulars of

pleadings, statement of inability to pay Court fees, duly signed pleadings and

statement, and assessed Court fees payable.

• Application for leave to appeal out of time.

• Application for transfer of cases from magistrates Courts.

• Applications for presumption of death.

b) Application is made by way of Notice of Motion.

c) Fees is assessed, paid and receipt issued.

d) A miscellaneous application le is opened.

e) A date is xed for hearing.

f) Taxation notices are prepared by the applicants and submitted for signature by the Deputy

Registrar or Registry Supervisor.

g) Service of the Notices of Taxation is effected through the advocates ofces and afdavit of

service is led in Court.

h) A miscellaneous applications register contains the same details as those appearing in a

5.2.3.1 Requirements

a) Application (notice of motion)

b) Afdavit in support of the application

c) Annexures, if any

d) Submissions (in instances where there is no subsisting suit in court)

e) Particulars of Pleadings, duly signed pleadings, statement of inability to pay Court fees and

assessed Court fees payable in case of pauper Applications

f) Certied copies of foreign judgment and original arbitration award

5.2.4 Entry of Judgments

a) Requests for ex-parte judgments are made where memorandum to enter appearance and

defense have not been led within the prescribed time.

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b) File is retrieved, Court fees paid and le marked to Deputy Registrar for perusal and

directions.

c) Final or interlocutory judgment is entered by the Deputy Registrar depending on the reliefs

sought in the plaint.

d) Matter is set down for formal proof hearing upon entry of interlocutory judgment.

e) A request for entry of Judgment is accompanied by an afdavit stating mode of service by

the advocate’s Court process server annexing a copy of license to serve.

f) Attempts to le Memorandum of Appearance and or defense after directions to enter

Judgment or entry of judgment are placed before the Deputy Registrar for directions.

g) All requests for judgment and entry of judgment shall be serialized. Where the defendant is

the Government, a formal application for leave to enter judgment against the Government

must be made.

5.2.5 Procedure for extraction of Decrees and Orders

a) Draft decree/order is presented to the Liaison Desk.

b) Court fees is assessed and paid.

c) Decrees and orders are rectied as may be necessary.

d) Decrees and orders are forwarded for execution and certication by the Deputy Registrar

upon approval by other parties as may be necessary.

e) Decrees/orders are dispatched to the applicants through the Liaison Desk.

5.2.5.1 Requirements

a) Request for issuance of Decree/Order

b) Draft Decree/Order

c) Approval of Decree/Oder by the other party in case of Inter party matters.

d) Plaint/originating summons/petitions/notice of motion

e) Reliefs sought

f) Conformity of Decree/Order with the Judgment

5.2.6 Execution of Decrees

The modes of executing a decree include:

a) Warrant of attachment and sale of judgment/debtor’s property.

b) Attachment of 1/3 (one third) salary

c) Warrant of arrest and commitment to civil jail

d) Eviction order

e) Garnishee proceedings

f) Prohibitory orders

1. Before an execution is commenced, the execution section will conrm the

following;

• That there is a settled suit.

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• That there is no stay of execution order in force.

• That a ten day notice of entry of judgment has been served on the

judgment debtor in the cases where judgment had been entered in default of

appearance.

• That the requisite Court fees for the mode of execution preferred by the

applicant is paid.

• That the decree is more than one year old in which event a Notice to show

cause is issued.

• That the decree / order is drawn and signed.

• That there is a copy of signed Judgment / Ruling from the Court.

• That the auctioneer allocated warrants is a licensed auctioneer and

whether she/he has the jurisdiction to execute.

2. After verication of the above, the Court Registry Assistant will calculate the sum

of money to be executed which comprises the decretal amount (as per the judgment

of the Court), taxed costs, interest, further costs and Court collection fees.

3. The prepared warrants will then be presented to the Deputy Registrar for signature.

4. Warrants for execution of decrees are served by a Court bailiff. The service and

execution of the warrants are entered in a Court bailiff’s register marked in

Appendix A as Annexure 9.

5.2.6.1 Requirements

a) Application for execution of decree/Order.

b) Conformity of decree/Order with Judgment of Court.

c) Name of party applying for the execution.

d) Preferred mode of execution.

e) Auctioneers allocated the execution of the decree/Order.

f) Party against whom the Execution is to be effected upon.

g) Signature of the party applying for execution.

h) Date of decree/Order.

i) The Decretal amount, Cost, interests, further costs, Court collection fee and sum of decretal

amount paid if any.

5.2.6.2 Orders against the Government

a) A request for issuance of an order against the Government is received and the requisite

Court fees is paid as assessed.

b) Court fees, parties, decree, certicate of costs, judgments and calculation of the sum due to

the decree holder inclusive of costs are conrmed.

c) Certicate of costs against the Government is certied and signed by a Deputy Registrar

and dispatched to the Advocates for service upon the Attorney General for settlement.

d) No Court fees is paid by the Attorney General for execution of decrees or orders where the

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Government is the decree holder.

Execution of decrees from other Courts are received and processed as if they were issued by the

receiving Court.

5.2.6.2.1 Requirements

a) A copy of the decree/Order

b) Certicate of execution of decrees transferred to another country is prepared in the form

appearing in Appendix B as Annexure 20.

5.2.7 Costs

a) Party and party Bill of Costs are led in the main suit.

b) An application is made by a letter requesting approval of costs by the Court.

c) Court fees is paid for the request.

d) Costs as drawn by the party are veried and counter-checked, by the Deputy Registrar,

from the Advocates Remuneration Order applicable to ascertain they are drawn up to scale.

e) A schedule and certicate of costs of the amount payable are certied by the Deputy

Registrar.

f) The certicates of costs are dispatched to the advocates/parties once certication has been

done.

5.2.7.1 Requirements

a) Letter from the Applicant signed and dated.

b) Itemized Costs.

c) Draft Certicate of Costs.

5.2.8 Taxation

a) Advocate – client Bill of Costs are led and registered as Miscellaneous Applications.

b) Court Fees is assessed.

c) The applicant requests for the parent le to be availed prior to taking a taxation date.

d) A date is taken for taxation before the Deputy Registrar.

e) Certicate of taxation is issued and signed by the Deputy Registrar.

f) Clients collect signed and or amended Certicates after one day.

5.2.8.1 Requirements

a) Notice of Taxation.

b) Draft certicate of Taxation.

c) Taxed Costs.

d) Taxing master’s name and designation.

e) Supporting documents for non-contentious matters.

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5.2.9 Certicate for enforcement of Foreign Judgment

• Application to enforce Foreign Judgment under Section 167 of the Foreign Judgment

(Reciprocal Enforcement) Act Cap 43 Laws of Kenya is received and registered as a

Miscellaneous Civil Application, and the requisite Court fees paid.

5.2.9.1 Requirement

• Application to enforce foreign judgment.

5.3 APPEALS IN CIVIL/FAMILY/COMMERCIAL & INCOME TAX/ ENVIRONMENT &

LAND CASES

Appeals in the above matters are guided by Order 42 of the Civil Procedure Act Cap 21 Laws of

Kenya. The Civil Appeals Registry receives and registers appeals from the decisions of magistrate’s

Courts, tribunals that is, the Business Premises, Rent Tribunal, Rent Restriction Tribunal, Cooperative

Tribunal, National Environment Tribunal etc. Registrar of Trade Marks, Societies like Law Society

of Kenya and the Auctioneers Licensing Boards’ decisions etc.

5.3.1 Requirements

a) Memorandum of Appeal.

b) Certied order for extension of time if appeal is led out of time.

c) Certied copies of proceedings, judgment/ruling/order from the magistrates Court/Tribunal

etc. as the case may be.

d) All pleadings in lower court les.

e) List of exhibits.

f) List of witnesses.

g) All documentary exhibits produced during the conduct of the suit.

h) The original lower court/ tribunal record of proceedings.

5.3.1.1 Registration

a) Memorandum of appeal is received.

b) Documents are veried.

c) Court fees is assessed.

d) The Appeal is registered and a le is opened.

e) The original lower Court record is requested for.

f) The le is placed before the Deputy Registrar for certication of completeness of the

record.

g) The original record and High Court les are merged and placed before the Judge for

admission/rejection.

h) In the event that the appeal is admitted or rejected parties are notied in writing.

i) Appeals from Business Premises Rent Tribunal are forwarded to the Hon. The Chief

Justice for appointment of a bench.

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j) Decrees and certicates of cost are prepared after judgment.

k) The lower Court record is returned together with two certied copies of the judgment.

5.3.2 Admission/Rejection of Appeals

a) The Appeal le, together with the lower Court Record, is placed before a Judge for

Admission and or rejection.

b) A certicate marked Appendix B as Annexure 21 is issued by the Deputy Registrar for

forwarding the le to the Judge for Admission and or rejection.

c) The le is forwarded to the Judge by lling in the form provided in Appendix B as

Annexure 22.

d) The Judge may give a date for directions if Appeal is admitted to hearing

e) Appeals from Business Tribunals and Arbitration Awards are presided over by two or more

Judges as may be directed by the Chief Justice.

f) Notices for directions as to the hearing of the Appeal are issued in form Appendix B as

Annexure 23.

g) Direction notices are served to the parties by a process server who les an afdavit of

service as proof of service to the parties.

h) Upon granting of directions, the appeal is ready for hearing.

i) On conclusion of Appeal, the lower Court record is returned together with two certied

Copies of the Judgment/ruling/order/decree for execution.

j) One copy of the judgment/ruling/order/decree is for the attention of the trial’s magistrate.

5.4 COMMERCIAL CASES

These are cases arising from company matters and applications including winding- up causes,

bankruptcy matters, and arbitration other than enforcement of awards, intellectual property matters,

and claims for the recovery of unsecured debts due to banks or other nancial institutions.

Also included are matters arising out of the ordinary transactions of merchants and traders or any

cause relating to the construction of a mercantile document, the export or import of merchandise in

freight, insurance, banking mercantile agency and mercantile usage.

The processes in Commercial Matters are governed by the Civil Procedure Act, Cap 21 Laws

of Kenya, the Company’s Act, The Bankruptcy Act Cap 53 and rules thereof. The processes and

procedures are similar to those enumerated under Chapter 5.2 herein above save for the following

matters;

5.4.1 Winding Up Causes- procedure

a) Winding Up petition is presented for ling.

b) Court fees is assessed and paid.

c) The Petition is registered in a Winding-Up cause register.

d) A Mention date is xed for compliance before the Deputy Registrar and a hearing date is

xed simultaneously.

e) Winding up petition is signed by the DR, sealed with the seal of the Court and dispatched

to the Creditor for service.

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f) Once the Petition has been heard, a winding-up order is prepared.

5.4.1.1 Requirements

a) Details on whom the Petition is intended to be served upon.

b) A Verifying Afdavit.

c) Original Deposit receipt for ling winding up petition (from the Ofcial receiver).

d) Certied copy of certicate of incorporation of a company.

e) Afdavit of Service of petition upon the company sought to be wound up.

f) Gazzettment of the Petition in the ofcial Kenya gazette.

g) Advertisement of the Petition in any of the newspapers with the hearing date thereof to be

conrmed at the mention date.

h) Authority/Consent to sue when required by the law (representative suit).

5.4.2 Bankruptcy Causes- Procedure for ling

a) A Petition to declare a debtor bankrupt is presented for ling.

b) Court fees is assessed and paid.

c) Bankruptcy cause is registered in a bankruptcy cause Register.

d) A mention date is taken at the counter.

e) The matter is listed before a Judge for hearing.

f) A receiving order is either issued or declined.

g) A date for public examination of the Debtor is xed.

5.4.2. Requirements

a) The Debtor’s petition.

b) A declaration of inability to pay debts.

c) A certicate of compliance duly signed by the Ofcial Receiver or an Ofcer duly

authorized by him.

d) A verifying afdavit.

e) A statement of affairs containing list A-L of debtor’s indebtedness to creditors.

f) Debtors’ original deposit receipt from the Ofcial Receiver for ling petition.

g) Other Annexures the petitioner considers necessary.

5.4.3 Bankruptcy Notices- Procedure for ling

a) A Bankruptcy Notice to judgment Debtor is presented for ling.

b) Fees is assessed and paid.

c) Notice is registered in a Bankruptcy Notice Register.

d) Notice is presented before a Deputy Registrar for signature.

e) Notice is sealed and dispatched to Judgment Creditor for service.#

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5.4.3.1 Requirements

a) Bankruptcy Notice.

b) A copy of nal judgment against the debtor.

c) Decree/Order issued by the Court.

d) Certicate of Costs/ Taxation.

e) Statement of Accounts.

f) Place of abode and address of the Judgment debtor for the past 6 Months.

g) A statement that the judgment of the Court has not been stayed.

h) Name of the Advocate for the Judgment Creditors.

i) Endorsement/Penal Notice duly signed by advocate or creditor.

j) Annexures such as certied copy of order or decree.

The forms used for various actions in processing Bankruptcy Notices are found in the Schedule to

the Act. They include;

FORM No. 4 – Request for issue of Bankruptcy Notice

FORM No. 5 – Bankruptcy Notice

FORM NO. 6 – Afdavit of Service of Bankruptcy Notice

FORM. No. 7 - Afdavit of Application to set aside Bankruptcy Notice

FORM No. 8 – Orders setting Aside Bankruptcy Notice

5.4.4 Arbitration Awards- Procedure

a) Arbitration award is presented for ling within 14 days of the award.

b) Fees is assessed and paid.

c) The Arbitration is registered as a miscellaneous application.

d) Notication of ling of the award to parties within 14 days of ling of the award.

e) Date is xed for reading of the arbitrator’s award.

f) Parties are notied of the date and time for reading the award.

g) The Award is read and adopted as a judgment of the Court within 30 days of the notice by

the Registrar.

5.4.4.1 Requirements

a) Letter forwarding arbitration award for ling in Court.

b) Arbitral award duly signed by the arbitrator.

c) Any depositions and documents produced and proven.

5.4.5 Admiralty Cases

Admiralty matters are all matters arising from the High seas or in territorial waters or upon any lake

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or any navigable inland waters in Kenya.

The Rules governing the ling of Admiralty matters are found in the Supreme Court Rules of England.

Admiralty matters are led and heard at any time when the need arises (day, night, weekdays,

weekends, public holidays etc.) and at any place because of the urgency involved.

5.4.5.1 Requirements

a) Claim form (comprising particulars e.g. the nature of the claim, period of time, monthly

wages etc.)

b) Declaration/Afdavit

c) Warrant of arrest

d) The Claim form and warrant of arrest must be sealed before service

5.4.5.1.1Registration procedure

a) An Application and undertaking for arrest is led by way of Certicate of Urgency.

b) Court fees is assessed and paid.

c) A le is opened.

d) The le is taken before the DR to ascertain if there is a caution.

5.4.5.2 Hearing and Execution

a) Once the matter is heard and orders issued, service is effected by the court bailiff. The

bailiff executes the warrant of arrest by serving it to the Port police or the harbor master.

b) The bailiff serves the captain or the highest ranking ofcer on board the vessel and makes

sure that a copy of the warrant is attached on the wheel house (cabin).

c) In the event that the claimant’s advocate les consent for release of the vessel, and the

same is adopted by court, it has to be accompanied by an order issued and signed by a

Judge for the vessel in question to be released.

d) The execution of Admiralty Decisions are overseen by an Admiralty Marshal (a Registrar,

a Deputy Registrar or a Magistrate) appointed by the Chief Justice.

e) When there is a sale of the vessel, Admiralty Marshal receives bids from potential buyer,

opens the bids in open Court with the bid being awarded to the highest bidder.

f) Monies received from the sale of the vessel are deposited in an account in the name of the

claimant advocate and the Admiralty Marshal until such a time the money is released to the

claimant.

A Judge is the only judicial ofcer mandated to hear admiralty matters and also sign orders

and warrants of arrests in admiralty matters.

5.5 ENVIRONMENT AND LAND CASES

The processes in Environment and Land matters are governed by the Environment and Land Court

Act No. 12 of 2012 and rules thereof or any other law applicable in Kenya relating to environment

and land.

Environment and Land Cases are matters that involve disputes arising from: -

a) Environment planning and protection, climate issues, land use planning, title, tenure,

boundaries, rates, rents, valuations, mining minerals and other natural resources;

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b) Compulsory acquisition of land;

c) Land administration and management;

d) Public, private and community land and contracts, choses in action or other instruments

granting any enforceable interest in land; and

e) Any other dispute relating to environment and land.

f) The Environment and Land Court also has powers to determine applications for redress

of or denial, violation or infringement of or threat to, rights or fundamental freedom

relating to a clean and healthy environment under Article 42, 69 and 70 of the Constitution.

g) The court too is the appellate court over the decisions of magistrates courts and the

National Environment Tribunal in respect of matters falling within the jurisdiction of the

Court.The processes and procedures in the Environment and Land Court registry are

similar to those referred to in Chapter 5.2 herein above other than for the following

processes;

5.5.1 Transfer of Land

a) An application for transfer of land is made.

b) Court fees is assessed and paid.

c) A date for hearing is xed.

d) Orders are issued.

e) Orders are extracted by the Court Assistant, signed and sealed in two (2) hours.

5.5.1.1 Requirements

a) Search certicate.

b) Consent form.

c) Mutation form in case of subdivision, adverse possession and or inheritance.

d) Transfer of land forms.

e) Conrmation of transferee’s identication.

f) Passport size photo afxed to the form.

g) Lease transfer forms.

h) Partition form.

In cases of contract for the disposition of an interest in land:

i) The contract should be in writing and signed by the parties thereto.

ii) Proof of attestation.

iii) Proof of spousal consent where applicable.

5.5.2 Vesting Orders

a) An application by way of Notice of Motion is presented.

b) Court Fees is assessed and paid.

c) A hearing date is xed at the Registry.

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d) The le is forwarded to the Judge for appropriate Orders.

5.5.2.1 Requirements

Ofcial Land Search Certicate.

5.5.3 Sale of immovable Properties- Procedure

a) Request letter for a date for settlement terms and conditions of sale is led.

b) Decree and certicate of costs is veried.

c) Decretal sum is calculated.

d) Parties are notied of the date issued for settling the terms and conditions of sale of

property.

e) The Notices of settling terms and conditions of sale are dispatched to the parties for

service.

5.6 CONSTITUTIONAL AND HUMAN RIGHTS CASES

These are cases related to denial, violation, infringement, or threat of Human Rights or fundamental

freedoms under the Provision of the Constitution of Kenya 2010.

The Constitutional and Human Rights Court can grant the following orders: Conservatory Orders,

Declaratory Orders, An Injunction, Compelling Orders, Compensation Orders, interpretation,

enforcement and directives.

5.6.1 Requirements

a) Petition.

b) Verifying Afdavit.

c) Certicate of Urgency if matter is urgent.

d) Annexures of supporting documents.

Informal documentation including applications for waiver of court fees as envisaged in Article 23 of

the Constitution may be entertained by the Court. Applications for waiver of court fees will be made

to the Deputy Registrar.

5.6.1.1 Registration

a) Constitutional Petition is presented at the Registration counter.

b) Court fees is assessed and paid.

c) Petition is registered in the register and case management system.

d) The le is placed before a Judge if led under a Certicate of Urgency.

e) Otherwise, a mention date is xed at the Registry.

f) A hearing date of the petition is xed by the Judge.

For matters that require to be heard by more than one Judge, the following steps are followed;

a) Orders are made by the Judge hearing the case referring the matter to the Chief Justice for

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empanelling the bench.

b) Proceedings are typed showing the order referring the matter to the Chief Justice.

c) The le is forwarded to the Chief Justice for constitution of a bench to hear the matter.

d) The le is returned to the registry where a notice is issued to the Judges appointed

informing them of the appointment.

e) File is given a date before the presiding Judge to give directions and x a hearing date.

f) A copy of the said le is produced for each Judge appointed.

5.7 JUDICIAL REVIEW CASES

These are matters brought by way of applications seeking orders of mandamus, prohibition or

certiorari for stay of proceedings, removal of any judgment, order, Decree, conviction or other

proceedings for the purposes of being quashed.

5.7.1 Requirements

a) Chamber Summons for leave to le Judicial Review.

b) Substantive Notice of Motion.

c) Supporting Afdavits.

d) Copies of statements of facts.

5.7.1.1 Registration

a) An ex-parte Application for leave to le Judicial Review Proceedings is presented.

b) Court Fees is assessed and paid.

c) Application for leave is registered.

d) Once leave is granted for an order of Judicial Review, an application is led within 21 days

by Notice of Motion.

e) Fees for the Judicial Review (JR) Application is assessed and paid.

f) The JR Application retains the number of the Application for leave.

5.7.2 Hearing Date

a) A mention date is xed or matter is placed before the Judge if brought under Certicate of

Urgency.

b) The hearing date of the main motion is xed by the Court.

c) Cases may be referred to the Chief Justice for constitution of a bench to hear the matter.

5.8 FAMILY MATTERS

The Family Court handles the following matters;

a) Probate and Administration matters governed by the Law of Succession Act CAP 160 of

the Laws of Kenya and the practice directions issued by the court.

b) Adoption cases and children related matters under the Children Act No. 8 of 2001;

c) Divorce matters under the Marriage Act, Cap 150;

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d) Disputes relating to matrimonial property under the Matrimonial Causes Act and the

Married Women Property Act of 1882 of England;

e) Appeals from the Children Court and the divorce related matters from the magistrate’s

courts;

f) Miscellaneous applications.

5.8.1 Probate and Administration

These are succession matters involving the estates of deceased persons.

Probate and Administration matters are led as either:

a) Intestate (where there is no will left),

b) Testate (where there is a will),

c) De Bonis Non for un-administered assets.

d) Resealing of Grants of letters of Administration/Probate issued in other jurisdictions.

e) Grants Ad litem limited to the purpose of ling a civil suit,

f) Grant Ad Colligenda Bona limited to the purpose of preservation of the estate of the

deceased until further representation is granted and Special Limited grants for certain

specic special purposes.

g) Grant Pendente Lite limited to pending suits in respect of the deceased’s estate;

5.8.2 Grants issued and Forms used

• The forms are available at the Court registry and can also be downloaded online from the

judiciary website: www.judiciary.go.ke

i) Grant of Letters of Administration Intestate –Forms:-

o P&A 80 – Petition for Letters of Administration Intestate

o P&A 5 – Afdavit in Support of Petition for Letters of Administration

Intestate

o P&A12 – Afdavit of Justication of proposed Administrator

o P&A11 – Afdavit of Justication of proposed Sureties

o P&A 57- Guarantee by Personal Sureties; and

o P&A 38 – Consent to making a grant.

Where the widow is applying alone, she is exempted from availing a surety; exempted

from ling Form 57 and 11). Form 38 is only applicable when there are adult beneciaries.

ii) Grant of Letters of Administration with written will annexed. Form 80, 5, 12, 11, 57, and

38.

iii) Grant of Probate Testate (written will) - Form 79 and afdavit.

iv) Grant of Probate Testate (oral will) - Form 78 and afdavit.

v) Grant De bonis Non( with will) – form 87 and afdavit

vi) Grant De bonis Non ( without will) - form 86 and afdavit

vii) Resealing - form 81 and afdavit.

viii) Grant of Letters of Administration Ad Litem - form 90B and afdavit.

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ix) Grant of Letters of Administration Ad colligenda bona- form 85 and

afdavit.

x) Grant of Letters of Administration Pendente lite- form 90 and afdavit.

xi) Special limited Grant - form 85A and afdavit.

5.8.2.1 Requirements

a) Petition in the appropriate form.

b) Certicate of death (certied copy).

c) Afdavit in support of the Petition duly executed.

d) Letter from the chief or any authority conrming the Beneciaries of the deceased estate.

e) Guarantors/sureties (where necessary).

f) Banking slips for advertisement in the special issue of the Kenya Gazette (for full Grants).

g) Evidence of ownership of assets (copies of title documents).

h) Consent from adult beneciaries not applying in cases of intestate succession.

i) More than One (1) Petitioner to apply in the event that the estate comprises of minors.

j) Original Will and two (2) copies in matters of testate succession.

k) Certied true copy of grant for resealing of grant.

l) Contact details: physical address, E-mail, telephone number and postal address.

5.8.2.1.1 Registration

a) Presentation of enquiries or intention by the client at the counter.

b) Checklist is provided together with the forms.

c) Presentation of completed forms at the registration counter.

d) Verication by the Court Registry Assistant that all relevant documents have been availed

in accordance to the check list.

e) Assessment of court fees to be paid.

f) Issuance of a serial number and a form to pay the court fees at the bank.

g) Conrmation by the Accountant that ling fee has been deposited.

h) Registration of the petition in the case registers and the case management system.

i) Referral of le to the Deputy Registrar for action.

j) Approval by the Deputy Registrar.

k) Approved petitions for Grant Ad Litem are referred to the Court Administrative Assistant

to type the grant; and place before the Judge for issuance and signature.

l) The notices for approved petitions for full Grant and for resealing are referred to the Court

Administrative Assistant for typing before dispatch to the Probate and Administration Desk

for onward transmission to the Government printer.

m) Matters which have not been approved are forwarded to the Liaison Desk for purposes of

notifying the parties to make necessary amendments.

n) At the expiry of 30 days after publication in the Kenya Gazette the les are retrieved if no

objection has been led. The les are then stamped with the 2nd minute indicating that

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there is no objection and placed before Deputy Registrar.

o) The Deputy Registrar approves for typing, the grants in which no objection has been noted.

p) The les are placed before the Hon Judge for issuance of Grant and signature.

q) Parties are notied to collect the grants by the Liaison Desk.

5.8.2.2 District Registries

In addition to the requirements indicated in 5.8.2.2.1 above, district registries are required to le an

index card and Form 73 to be forwarded to the principal registry. The principal registry conrms that

no other petition has been led in respect of the deceased in Form 30. Form 30 is then forwarded to

the district registry and led in the le.

5.8.3 Conrmation of Grant

a) Summons for conrmation forms are downloaded or obtained from the registry.

b) Duly lled forms are presented for assessment.

c) Application is assessed.

d) After payment the application and the banking slip are received at the cash ofce.

e) File is forwarded to the date’s section for a hearing date to be xed.

f) All beneciaries attend Court during hearing for conrmation.

g) When orders for conrmation are granted, a certicate of conrmation is issued forthwith.

5.8.3.1 Requirements

a) Summons for conrmation forms duly lled- (form 108 after expiry of six months and

form 109 before expiry of six months).

b) Afdavits in support.

c) Consents of beneciaries to conrmation.

d) Consents to mode of distribution and to conrmation.

5.8.4 Administration under the Mental Health Act

a) This relates to estates of persons with mental challenges.

b) Orders may be issued allowing their family member(s) or any person showing sufcient

interest to administer the estate of such a person until he/she recovers from the mental

illness.

5.8.5 Adoption Matters

a) These matters involve the Adoption of children by persons other than their biological

parents including persons of foreign nationalities.

b) They are heard in camera.

5.8.5.1 Registration

a) Originating summons and the chambers summons are presented at the registration counter.

b) Documents are veried for completeness.

c) Court fees is assessed.

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d) A serial number is issued.

e) Payments are made in the designated bank.

f) The Originating summons and the bank slip are produced in the registry.

g) The applicant’s details and the child details are recorded in a register.

h) A cause number is given and written on the documents.

i) The documents are forwarded to the cash ofce.

j) A payment receipt is issued and the document is left at the cash ofce.

k) The les are recorded in a movement register and submitted to the new matters desk.

l) Adoption society’s report is led to declare the child free for adoption.

m) File is forwarded to the Dates section for xing of hearing dates.

n) Notice of Motion is xed for hearing before the Judge for appointment of guardian Ad

Litem.

o) The report from the Director of Children Services is led.

p) The Originating Summons is xed for hearing.

q) Orders are issued as appropriate.

5.8.6 Divorce

a) These are matters related to matrimonial disputes.

b) They include; Judicial Separation, divorce, custody of issues of marriage, alimony and

maintenance, and division of matrimonial property.

c) They are led as Petitions.

5.8.6.1 Requirements

Requirements to be met before a person can le for divorce are:

• The divorce petition must be brought three years after celebration of marriage.

• Leave may be granted by the Court to le the divorce petition before the expiry of three

years in exceptional cases.

a) Place and date of marriage.

b) The names and dates of birth of the child/children, if any.

c) The domiciles of the parties and their occupations.

d) Details of any related previous proceedings.

e) The matrimonial offences alleged and the particulars thereof.

f) The prayers sought.

g) Afdavit in support of petition.

h) Copy of certicate of marriage.

i) Notice to appear.

j) Contact details: physical address, E-mail, telephone number and postal

address.

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5.8.6.2 Registration

a) Petition is received at the registration counter.

b) Petition is veried in accordance to the checklist.

c) Fees is assessed at the registration counter.

d) A serial number is issued for payment of fees at the bank.

e) The petition and the banking slip are received after deposit of the fees.

f) A cause number is issued.

g) A payment receipt is issued at the cash ofce.

h) Folders are opened for the petition and entry made into the registers and case management

system.

i) The notices are forwarded to the Deputy Registrar for signature and returned by the Court

Assistant to the Liaison desk for collection by the customers.

j) Hearing dates are issued registrar’s certicate.

k) The matter is xed for full hearing of the divorce cause.

l) Decree nisi is issued by the Court.

m) Decree Absolute is issued after the expiry of the stated period following issuance of decree

nisi.

5.8.8 Matrimonial Property Causes

5.8.8.1 Registration

a) The Originating Summons(OS) is presented at the registration counter

b) The application is veried for completeness

c) A serial number is issued.

d) Payment is made at the bank.

e) The OS with the bank slip received and the details of the petitioner and respondent are

recorded in the register and the case management system.

f) A cause number is given.

g) The document is taken to the cash ofce for the issuance of the ling fees receipt.

h) The OS is returned to the registration counter for opening of the le cover.

i) The matter is xed for directions.

j) Service is effected within 14 days.

k) 14 days are allowed to enter appearance.

l) Directions are given on the mode of hearing.

5.8.9 Miscellaneous Applications

These are applications that include orders made in other countries being adopted as orders of the

Court, matters that require appointment of guardian under the Mental Health Act, taxation etc.

5.8.9.1 Registration

a) Application is received at the counter.

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b) Assessment of the application is done.

c) A serial number is issued.

d) Payment is made in the bank.

e) The application is brought with the payment receipt at the registry.

f) The details of the applicants are recorded in the diary and a cause number given.

g) Filing fees receipt is issued at the cash ofce.

h) The application is xed for hearing.

i) Orders are issued as appropriate.

5.9 CHILDREN MATTERS

These are matters that relate to parental responsibility, fostering, custody, maintenance, guardianship,

care and protection of children and children in conict with the law. The processes are governed by

the Children’s Act, Chapter 586 of the Laws of Kenya and other relevant legal provisions.

The processes in children matters are the same as those in civil as well as criminal matters save that

children matters are heard in camera.

5.9.1 Requirements

a) Plaint or originating summons

b) Verifying Afdavit

c) Supporting Afdavit

d) Proof of paternity

e) List of witnesses

f) Statement of witnesses

g) Exhibits and or supporting documents.

h) Application (notice of motion)

5.9.1.1 Registration

a) Plaint/ Certicates of Urgency are presented at the registration counter.

b) Court fees is paid and assessed.

c) Parties are given a hearing date by the Dates section.

5.9.2 Requirements in cases of Children in conict with the law

a) The arresting ofcer presents the child at the court.

b) A charge sheet is presented by the arresting ofcer.

c) The receiving ofcer interviews the child and noties the parents/ guardians of the child by

way of phone.

d) The child is presented to court which should be cleared of all adults save for parents,

children ofcer and prosecution.

e) If the court orders an age assessment report, the Court Assistant ensures that the order is

extracted and handed over to the Children’s Ofcer for execution.

f) The Court Assistant prepares a remand warrant for children remand home, not an adult

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prison.

g) The Court Assistant ensures that orders made by the court for Children Ofcers’ reports are

extracted without undue delay.

h) The police ensures that witness statements are availed at the point at which the child is

presented to court.

5.9.3 Children in need of care and protection

a) The child in need of care and protection is presented to court on the basis of a children

ofcers’ report or application to court by interested party.

b) If the child has been presented by the children’s ofcer a Protection and Care File is

immediately be opened. If the child has been presented by any other concerned party, a le

is opened and the children’s ofcer notied.

c) The child is presented to Court for directions. The Court carries out preliminary

investigations and gives directions on the custody of the child while the matter is in Court.

5.9.4 Special Protection Measures For Children

a) The Children Court sits in different rooms and times from other courts.

b) Ofcers handling children are allowed to depart from strict rules of procedure governing

other courts.

c) The Court should be cleared when children matters are being heard.

d) The best interest of the child is the paramount consideration.

5.10 INDUSTRIAL COURT CASES

The cases handled in this court are governed by the Industrial Court Act No. 20 of 2011 and the rules

thereto. Execution of court decisions is enforced under the provisions of Civil Procedure rules.

The matters handled relate to employment and labour relations under the Labour Relations Act,

Employment Act, Labour Institutions Act, Occupational Health Act etc.

5.10.1 Requirements

a) Summons.

b) Supporting/Verifying Afdavit.

c) Statements of witnesses.

d) Description of pleadings, memorandum of claim, petitions and or Judicial Review.

e) Supporting documents and or exhibits properly marked.

5.10.1.1 Registration

a) Memorandum of Claim/Statement of Claim is presented for ling.

b) Assessment and payment of Court fees.

c) Case is registered and allocated a Cause Number.

d) Unrepresented litigants make a request to the Court for service of the processes through the

Court. The request is made in form marked in Appendix B as Annexure 24.

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e) An afdavit of service is led after service of summons as in form appearing in Appendix

B as Annexure 25 which may be varied as may be necessary.

f) The Industrial Court disputes register is the same as the civil case register (Appendix A

as Annexure 1) save for the names of parties who are referred to as the claimants against

respondents.

5.10.2 Appeals

Appeals are received from the Magistrates’ Courts and registrar of trade union.

5.10.2.1 Requirements

a) Notice of Appeal.

b) Decision of the Minister and or Registrar of Trade Unions.

5.10.2.2 Registration

a) Presentation of the Appeal.

b) Assessment and payment of Court fees.

c) Preparation of notice of Appeal.

d) The Appeal is registered. The process of appeals is the same as those in civil processes.

5.10.3 Requirements for Collective Bargaining Agreements

a) A CBA duly signed by all the parties.

b) Analysis of the CBA by Central Planning and Monitoring Unit (CPMU) of the Ministry of

Labour.

c) Schedule of membership of union.

d) Conformity of the CBA with the relevant labour laws and wage guidelines issued by the

Ministry of Finance.

e) Schedule of Collective Agreement between employers and Trade Unions.

5.10.3.1 Registration

a) Duly signed agreement from the Cabinet Secretary responsible for labour issues is

received the registry.

b) An unregistered Collective Agreement number is allocated to the agreement.

c) Parties are informed of registration.

d) Agreement is placed before a Judge.

e) If accepted for registration, it is allocated a Registered Collective Bargaining Agreement

Number.

f) The agreement is registered.

g) A Registration Certicate is issued after Admission and Registration of CBA.

5.11 Election Petitions

These are matters that deal with resolution of election disputes arising from County and Parliamentary

elections for governors, senators and members of the National Assembly.

The processes in Election petitions are governed by the Elections Act No 24 of 2011 and the rules

thereto.

Types of Cases and Processes in the Registries

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HIGH COURT REGISTRY OPERATION MANUAL

5.11.1 Requirements

a) Filing fees

b) Supporting Afdavit

c) Deposit for security for costs

d) Witnesses’ sworn afdavits.

5.11.1.1 Registration

a) Presentation of the petition not later than 28 days from the publication of the election

results in the Kenya Gazette.

b) Acknowledgment of the delivery of the petition.

c) Deposit of security for payment of costs by petitioner to the Registrar (within 10 days of

ling).

d) Service of the Petition (within 15 days of the presentation).

e) Filing and serving a response. (Within 14 days of service of the Petition).

f) Delivery of the results of the relevant election by the Commission to the Registrar (Within

14 days of service of the Petition).

g) Setting a date for Pre-trial conference (7 days from receipt of last response).

h) Issuing a notice on the time and place of the trial. (At least 7 days before the date xed for

hearing).

i) Delivery of ballot boxes to the Registrar (At least 48 hours before date xed for trial).

j) Setting a hearing date. Hearing and determination of the petition should be done within 6

months of the lodging of the Petition.

k) Appeals should be led within 30 days from the decision of the Magistrate Court /High

Court, and determined within 6 months from the date of lodging the Appeal.

Types of Cases and Processes in the Registries

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HIGH COURT REGISTRY OPERATION MANUAL

APPENDICES A

Annexure 1

CIVIL CASE REGISTER

Case No. Plainti,

Advocate

& Contact

(Email,

Postal &

Mobile)

Defendant,

Advocate&

Contact

(Email Postal

& Mobile)

Nature Of

Claim

Date Of

Summons

Date Of

Hearing

Fees Paid &

Receipt No.

Remarks

Judge/Date

Decision Made

Note: Mark M or F to indicate the Gender of both the Plainti and the Defendant and N/A for Institutions or other bodies

parties to suit.

Appendices A

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 2

PROCESS SERVERS’ REGISTER

S/NO. DATE CASE NO.) ADVS.

FIRM &

LOCATION

DATE

JUDGE P/SERVER’S

NAME

P. SERVER’S

SIGN.

REMARKS

Appendices A

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 3

EXHIBITS REGISTER

S/NO. CASE NO. EXHIBIT NO EXHIBIT TYPE

(eg. Perishable/

non-perishable,

documentary)

DATE EXHIBIT

PRODUCED

AND

(Witness Name)

DISPOSAL

ORDERS

AND DATE

MADE

EXHIBIT RE-

TURNED TO/

COLLECTED

BY (Name,

ID & Date)

REMARKS

Appendices A

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 4

INCOMING MAIL REGISTER

DATE RECEIVED FROM

(SENDER)

SUBJECT FILE REF/

CASE NO.

SIGNATURE RECEIPT

(In case of Postal Orders,

cheques etc.)

Appendices A

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 5

OUTGOING MAIL REGISTER

DATE RECEIVED FROM

(SECTION)

SUBJECT FILE REF/

CASE NO.

SIGNATURE DATE DISPATCHED

Appendices A

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 6

FILE RETRIEVAL REGISTER

DATE FILE

RETRIEVED

CASE NO. OFFICER

RETRIEVING

PERSON

REQUESTING

PURPOSE OF

RETRIEVAL

DATE FILE

RETURNED

REMARKS

Appendices A

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 7

FILE MOVEMENT REGISTER

CASE NO. NAME OF PERSON

RECEIVING FILE

PJ. NO. DATE RE-

MOVED &

PURPOSE

SIGN REMARKSDATE

RETURNED

Appendices A

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 8

ACCESSION REGISTER

CASE NO. CREATING REGISTRY

/ COURT

NAME OF

PERSON

RECEIVING FILE

DATE

RECEIVED

FINAL

ORDERS &

DATE IN FILE

REMARKSDISPOSAL/

RETENTION

PERIOD

Appendices A

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 9

COURT BAILIFF REGISTER

S/NO DATE C/B’S NAME C/B’S SIGN COURT

ISSUING

REMARKSCASE NO.WARRANT/

ORDER REF.

Appendices A

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 9

COURT BAILIFF REGISTER

S/NO DATE C/B’S NAME C/B’S SIGN COURT

ISSUING

REMARKSCASE NO.WARRANT/

ORDER REF.

Appendices A

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HIGH COURT REGISTRY OPERATION MANUAL

Fixing date

Filing pleadings

Certication

Proceedings

Decrees/Orders

Perusal

Deposit refund

Grants

Bail bond

Fees Assessment

Summons

Others, Please specify;

............................................................................

...........................................................................

APPENDICES B

Annexure 1

REPUBLIC OF KENYA

HIGH COURT OF KENYA AT………........................………...........................……..

SERVICE REQUISITION FORM

DATE SUBMITTED ……...................................................……….. TIME ……......................................…….

CASE NO PARTIES KINDLY TICK AGAINST THE

DESIRED SERVICE

CONTACTS COMMENTS

Email Telephone

NAME OF APPLICANT………………… ID NUMBER………………………………………….

SERVED BY…………………………….. APPLICANT RETURN DATE…………………………......

Form to be used for service in only one case le

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 2

REPUBLIC OF KENYA

CUSTOMER CARE FORM AT…………………… COURT

FEED BACK FORM/ FOMU YA MAJIBU

Date / Tarehe………………………………………

6 Were you satised with our services?

Je umeridhika na huduma zetu?

Yes/Ndio

No/Hapana

If no, give reasons

Kama sivyo, eleza sababu

…………………………………………………………………………………………………

7 Were you served timely?

Je, ulihudumiwa kwa muda unao faa?

Yes/Ndio

No/Hapana

If not, for how long were you delayed?

Kama sivyo, kwa muda upi?

…………………………………………………………………………………………………

8 Give your recommendations on how we can improve our service delivery.

Toa maoni yako jinsi tunavyo weza kuboresha huduma zetu.

…………………………………………………………………………………………………

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 3

REPUBLIC OF KENYA

CUSTOMER CARE FORM AT…………………................… COURT

INQUIRY FORM

Date……………………… Time in……………… Tim out………………….………

Name…………………………………………………………………………….………

Contacts email and telephone………………………………………………….………

Purpose of visit………………………………………………………………….………

Depart ment…………………………………………………………………….………

Floor…………………………………………………………………………….......……

Checked by…………………………………………………………………....…………

Signature……………………………………………………………………...…………

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 4

REPUBLIC OF KENYA

CUSTOMER CARE FORM AT………………................……COURT

REQUEST FORM

Date…………….....………. Time in…….....………. Time out……............………......

Name……………………………………………………………………………….........................

Contact email and telephone…………………………………………………………..................

Case no………......................…… Parties………………………………………............................

Reason of visit………………….................…………………………………………………............

Department…………………....................................................................................................................……

Floor …………………………...........................................................................................................................

Remark/Follow up……………………………………………………….............................................

.......................................................................................................................................................................................

Checked by………………………....................…… Signature………........................………....

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 5

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE NO…………………….OF………………………………

…………………………………………………………………………………………… PLAINTIFF

Versus

………………………………………………………………………………………… DEFENDANT

COURT FEES CERTIFICATE

Suit led on……………………………………………………………………….......…………………….

Names of Plainti’s Advocates………………………………………………..…………………………….

Amount of Court fees assessed and paid Kshs……………………………….......………………………..

Court Fees Receipt No………………………………… Dated………………………....………….

Appearance entered on …………… Court fees Receipt No…………...........….. Amount…….................

Defence Filed on…………………….. Court fees Receipt No……....…….........….. Amount……………

Names of defendant’s Advocate…………………………………………………………………………..

Last Hearing date……………………………. Date of Judgment……………......……………………….

General Damages awarded KShs…………………………………………………………………………

Special Damages awarded KShs…………………………………………………………………………

Further Court Fees (after Judgment) Kshs………………………………………………………………..

Further Court Fees Receipt No…………………………… Dated…………………………………

Under Collection detected KShs……………………………. By whom payable………………...……

Fees on ling Plaint , Any other Fees,(FCF.or CAF. etc.)……………………………...……………………

Payment made on under collection Kshs……………..…… Receipt No…………….. Dated………

Decree/Order checked by…………………………………. Signature…………….......…………….

Designation….......................................………… Date……………………….

Checked by……………..……

(Decrees/Orders Clerk

Signature…………...........……

Date…………………...............

Certied by…………….

(Executive Ocer/Court Fees

Assessor)

Signature……………..

Approved/Not approved

…………………………..

Deputy Registrar

Date……………………………….

Note: Certicate to be prepared in all cases before Decrees and Orders are issued

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

MILIMANI LAW COURT - NAIROBI

TYPING UNIT

WEEKLY COLLECTION CHEKLIST

MONTH:

WEEK:

1. TYPIST INFO COLLECTION DATE

1. Files Typed & Submitted During The Week

Full Number.............................................................................. PJ Number ...................................................................... Section Deployed.........................................................................

1. Physical Assesment of the les typed in the week

No Case No. H/W Pages Collection Date Law rmTyped Pages Trial Magistrate Individual

Application Date high Court

(Indicate number- in the boxes below)

FILES PENDING TYPING PREVIOUS WEEK

FILES PENDING TYPING CURRENT WEEK

2. Correction les duly corrected and submitted during the week

PENDING CORRECTION PREVIOUS WEEK

PENDING CORRECTION CURRENT WEEK

Name Signature Date Name Signature

ELEMENT TICK GIVE RELEVANT REASONS IF YOU TICKED [ TICK] SUPERVISOR’S COMMENT

2. typist evaluation Questionnaire

1. Have met the weekly target?

Yes No

INSPECTED BY

Collected By:.................................................................. .................................... ............................................ Counter checked by supervisor:........................................................................... ..............................................

Annexure 6

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

MILIMANI LAW COURT -TYPING UNIT

CONSOLIDATED INSPECTION CHECKLIST FOR 4 WEEKS

RETURNS FOR THE MONTH OF ......................................................... 20/..............

No Typist Name PJ. No No. of Pages Total Pages End of 4 Weeks End of 4 Weeks

End Month

WK 1-4

No. of Files

Typed

No. of Files

Pending Typing

Annexure 7

COPY TO: 1. Judge

2. Deputy registrar

3. Court Adminstrator

Prepared by:

Signature:

No. of Files Allocated ( In general ) for the month

Typist No: 1- No: 2- No: 3- No: 4- No: 5- No: 6- No: 7-

Total No. of les allocated (in general) in the month of march =

KEY: 1. (Wk) - Refers to week 2. Source of Consolidated Data - ( Weekly typing inspection checklist - (wk 1 wk4) 3. T - Total

COMMENTS

COURT’S ADMINITRATOR’S REMARK

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 8

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

(APPELLATE JURISDICTION)

MISC. CRIMINAL APPLICATION NO……………………. OF ………………………………

(from Original Criminal case No. ………….. of ………….. of the ……………….. Magistrate Court at……...........……)

…………………………………………………………………………………………………………APPLICANT

VERSUS

REPUBLIC……………………………………………………………………….…………………. RESPONDENT

PARTICULARS OF SURETY

NAME ……………………………………………………………………......................……………………………………..

ID CARD/PASSPORT/ D.LICENCE NO……………………………………………….............................……………………….

DISTRICT…………………………………………………………………………..........……………………………………

LOCATION………………………………………………………………………..........…………………….……………….

(NAME &CONTACT OF CHIEF)………………………………………………………............................………………………

SUB-LOCATION………………………………………………………………........................………………………………..

(NAME &CONTACT OF ASSISTANT CHIEF)………………………………….……………………………………………....

PLACE OF RESIDENCE…………………………............................................……………………………………………………

STREET/NEAREST LANDMARK/ INSTITUTION……………...............................……………………………………………….

CONTACT ADDRESS…………………………………….......................………………………………………………………

TELEPHONE………………………………………………......................…………………………………………………….

RELATIONSHIP WITH THE APPLICANT…………………………..........................…………………………………………….

OCCUPATION……………………………………………….....................……………………………………………………

SOURCES OF INCOME………………………… SALARY……….............……………………………………………..

RENT…………………………………………….......………….………….

FARM………………………………………………………….…………..

BUSINESS……………………………………………...…………………..

TOTAL……………………………………………………………………..

AMOUNT OF BOND(KSH)………………………………………………………...........………………………….

SECURITY DEPOSITED IN COURT……………………………………………..………………………………….

VALUE OF SECURITY DEPOSITED (KSH)…………………………………………………………………………..

SURETY: I understand that if the said applicant fails to appear in court as and when required may be called

upon to pay the court the sum of Ksh…………………… SURETY SINATURE…………..............……………

Prepared by…………………………………………………………………………………...……………………

COURT ASSISTANT

CHECKED BY………………………………………………........…………………………......………………………

EXECUTIVE OFFICER

SURETY APPROVED/NOT APPROVED…………………………………………..........………………………………

SENIOR DEPUTY REGISTRAR

DATED AT NAIROBI THIS…………………………………DAY OF ……………………………………………2008

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

IN THE………… ……………. .COURT

AT……………………………………………………..

I…………………………………………………………., of………………………………….....................………….….

being charged with the oence (s) of……………………………………............................…………………….………

………………………………………………………………………………….......……………………………….and

after inquiry required to appeal before the Judge/Magistrate at…………................................................……………….

and after inquiry called upon to enter into my own recognizance to appear when required hereby bind myself

to appear in the…………………………………………..Court at………………………………O’clock in the fore/

afternoon on the………………………… day of 20…………………or whenever required and so to continue

to attend until otherwise directed by the Court, to answer further to the said charge, and in case of my making

default herein, I bind myself to the forfeit the sum of Shs……………………………………………………………

Dated this……………….............……. day of………..........................………… 20…………………………..

Witness………………………………. Signature…………………………

I, ………………….........………………………………………,of…………………………………..do hereby declare

myself surety for the above mentioned…………………………………..

that he shall attend at…………………………………………at…………………………..on the…………………..

day of……………………………………………………. 20………………

(or on such day as he may hereafter be required to attend) further to answer to the charge pending

against him, and in case of his making default herein, I hereby bind myself to forfeit the sum of Shillings

………………………………………….

Dated this……………………………………….day of………………………….20……………

……………………………………………….Witness to Signature (s)

Signature ………………………..……………………………

JKF-4/00

Annexure 9

BOND AND BAIL BOND

CRIMINAL 95

THE JUDICIARY

REPUBLIC OF KENYA

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

IN THE ………………………………................................… COURT AT…………………………….……………………

CRIMINAL CASE NO…………………………………….. OF 20……………………..................................……………..

REPUBLIC……………………………..............................................………………………………………………PROSECUTOR

VERSUS

……………………………..…………………………………….........................................…………………………..ACCUSED

TO: THE OFFICER IN CHARGE

REMAND HOME,

……………………......................................……………………..

IN ACCORDANCE with the order endorsed on the above le and the remand warrant which is in your possession, the

above named accused…………………………………………………………………..may be released on signing the

attached copies of the bond.

The surety has/sureties have signed the bond.

NOW THEREFORE YOU ARE REQUIRED to release the said accused on signing the attached bond and inform him to

attend this court on………………………………day of ……………………………….20……….at….............a.m/pm

GIVEN under my hand and the Seal of the Court at…………………………………...…………………..............……

this……………....................................…… day of……………………………. 20…………………

…………………………………………

Magistrate

NOTE: Please return the remand warrant together with the bond to this court.

------------------

JKF-4/00

THE JUDICIARY

REPUBLIC OF KENYA

RELEASE ORDER WHERE

SURETY HAS SIGNED BOND

CRIMINAL 137

Annexure 10

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

IN THE…………………….............................................................…. . COURT AT………………………………………

CRIMINAL CASE NO…………………………………...……….. OF……….........................................................................

REPUBLIC…………………….................................................................……………………………………………PROSECUTOR

VERSUS

…………………………….......................................................................………………………………………………..ACCUSED

TO: THE OFFICER IN CHARGE

REMAND HOME

…….................................................................………………..

IN ACCORDANCE with the order endorsed on the above le and the remand warrant which is in your possession a

cash bail of Shs…………………………..has been paid by the accused/has been paid on behalf of the accused

by………………………………..into this court, you are hereby directed to release him and inform him to attend this

court on……………………………day of……………………..20…………………..……at……………………….am/pm

GIVEN under my hand and the Seal of the Court at………………............................…………………..

this……………………………….…..day of…………………………………………20……………..

…………………………………….

Magistrate

NOTE: Please return the remand warrant together with the bond to this court.

THE JUDICIARY

REPUBLIC OF KENYA

RELEASE ORDER WHERE

CASH BAIL HAS BEEN PAID

CRIMINAL 138

Annexure 11

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 12

MINUTE SHEET

S/NO TYPE OF DOCUMENT DATE FILED NAME & SIGNATURE

MINUTE SHEET: CASE NUMBER…….................................................………………..

Appendices B

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HIGH COURT REGISTRY OPERATION MANUAL

Annexure 13

By whom

(Address & Telephone No.)

Capacity

Description of \Archives and title of case

Signature of Applicant

Date

Order of Keeper of

High Court Operation Manual Master

High%20Court%20Operation%20Manual%20Master

High%20Court%20Operation%20Manual%20Master

High%20Court%20Operation%20Manual%20Master

High%20Court%20Operation%20Manual%20Master

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