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Copyright: The Judiciary, Republic of Kenya 2015. All rights Reserved
THE JUDICIARY
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ii Magistrates and Kadhis Court Registry Manual
FOREWORD
e Constitution of Kenya requires the Judiciary to
undertake eective measures to reduce the obstacles
that hinder public access to justice. In this regard, the
Judiciary has an obligation to simplify court procedures
in order to eectively and eciently render services
to all court users. It is also important that court users
understand court processes.
Court registries play a critical role in enabling the
Judiciary to meet these constitutional expectations. is is because they are
always the rst stop for all people seeking justice from the courts. As such,
the quality of the services oered by the Judiciary will be measured by how
well the clients are received and served in the registries.
e registry sta is the face of the Judiciary. As occupants of this privileged
position, they are required to be at the forefront in ensuring the institution
realizes its aspirations as set out in the Judiciary Transformation
Framework. is framework is anchored on four pillars and ten key result
areas, all of which have one overriding objective; to achieve access to and
expeditious delivery of justice to all.
To this end, great eorts went towards the realization of this Registry
Manual which seeks to standardize the registry procedures followed in all
the magistrates and kadhis courts, and hence guarantee our clients similar
quality services across the country.
e manual has been developed through a participatory process; input
was received from Judiciary sta, stakeholders and judicial ocers. It is
informed by the Constitution of Kenya, other statutes on court procedures,
the Judiciary Transformation Framework, the service charter, code of
conduct and other adopted Judiciary policies. It is therefore expected that
all of us will strive to consistently ensure that it is implemented, for the
benet of our clients.
e following are the objectives of the manual;
• To simplify and standardize registry procedures.
• To increase eciency in the registries.
• To guide litigants and sta on registry processes.
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Magistrates and Kadhis Court Registry Manual
• To highlight the roles of various registry sta, for increased
accountability.
• Act as an orientation tool for new registry sta.
Hon. Dr. Willy Mutunga, D. JUr, Sc, EGH,
Chief Justice and President of the Supreme Court of Kenya.
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iv Magistrates and Kadhis Court Registry Manual
ACKNOWLEDGEMENTS
is registry manual is the product of a series of
engagements and collaborative eorts of various players
within the justice chain.
I would like to acknowledge the commendable initiatives
taken by all those who directly or indirectly contributed
to the development of the manual, with a special note
of thanks to the Hon. Chief Justice for his strategic
leadership and support and further to the Judiciary
Training Institute ( JTI) for the continued partnership and facilitation.
e input of the Heads of Stations in the Magistrates and Kadhis Courts
and their readiness in accepting the challenge of implementation has been
extremely invaluable. I thank all the Judiciary sta whose presentations and
input, drawn from ‘on the job experience’, is the foundation of this manual.
I also thank the UNDP for funding the activities that led to the development
of this manual and e Jomo Kenyatta Foundation (JKF) for providing
professional input in its editing.
I am grateful to the Oce of the Registrar, Magistrates and Kadhis Courts
who commissioned the development of this manual which will be useful
in guiding our registry sta. e committee tasked with the development
of this manual cannot go unmentioned for it played a vital role in putting
together this excellent piece of work. In particular, I would like to express
my sincere gratitude to:
Hon. Peter Mulwa
Hon. Anthony Ndung’u
Hon. Caroline Kabucho
Hon. Maxwell Gicheru
Hon. Lucy Gitari
Hon. Doreen Mulekyo
Hon. Peter Gesora
Hon. Agnes Wahito
Hon. Wangeci Ngumi
Hon. Kadhi Rashid Omar
Hon. Kadhi Ishaq Abduljabar
Sakayo Otieno
Allan Ojuki
Godfrey Kulubi
Richard Otene
Anne Nafula
Edward Chelang’a
Eunice Mutie
Mercy Wainaina
Boru Wako
Getrude Asango
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Magistrates and Kadhis Court Registry Manual
e Judiciary is indeed grateful and will remain indebted to you for your
eort and commitment in ensuring that the Kenyan people get quality
service.
ank you all.
Anne A. Amadi
Chief Registrar of the Judiciary
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vi Magistrates and Kadhis Court Registry Manual
LIST OF ABBREVIATIONS AND
ACRONYMS
BU - Bring-up
CAF - Court Adjournment Fees
CCF - Court Collection Fees
CPC - Criminal Procedure Code
EFT - Electronic Funds Transfer
FCF - Further Court Fees
ICT - Information and Communication Technology
NEMA - National Environment Management Authority
P & A - Probate and Administration
SMS - Short Message Services
SOA - Sexual Oenses Act
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Magistrates and Kadhis Court Registry Manual
TABLE OF CONTENTS
FOREWORD ................................................................................... ii
ACKNOWLEDGEMENTS .............................................................iv
LIST OF ABBREVIATIONS AND ACRONYMS ..........................vi
PART A. INTRODUCTION ...................................................................1
1. General Values and Principles ........................................................... 1
PART B. THE COURT SYSTEM ............................................................2
2. e Magistrates and Kadhis Courts ..................................................2
3. Registry Ocials ..............................................................................3
PART C. GENERAL REGISTRY PROCEDURES ..................................4
4. Working Hours ................................................................................4
5. Information and Customer Care Desk .............................................. 4
6. Service Counters ..............................................................................4
7. Information and Communication Technology ..................................5
PART D. REGISTRY PROCEDURES ....................................................6
8. Criminal Registry .............................................................................6
9. Bail and Bond Processing .................................................................7
10. Daily Cause List ............................................................................9
11. Trial .............................................................................................10
12. Release of Cash Bail/ Securities ...................................................11
13. Inquests .......................................................................................12
14. Miscellaneous Criminal Applications ...........................................13
15. Trac Registry ............................................................................ 13
16. Police Cash Bail Refund ............................................................... 14
17. Civil Registry ............................................................................... 14
18. Assessment of Costs .....................................................................16
19. Extraction of Decrees ...................................................................16
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viii Magistrates and Kadhis Court Registry Manual
20. Execution ....................................................................................17
21. Miscellaneous Civil Applications .................................................. 18
22. Deposits Involving Minors ...........................................................19
23. Refund of Deposits ......................................................................19
24. Workmen Compensation Claims .................................................19
25. Execution of Orders from Tribunals .............................................20
26. Probate Registry .......................................................................... 20
27. Checklist for Succession Causes ...................................................21
28. Caveat .........................................................................................21
29. Forms Used ................................................................................. 22
30. Registration ................................................................................. 22
31. Objection Proceedings .................................................................23
32. Conrmation of Grant ................................................................. 23
33. Miscellaneous Probate and Administration Matters ..................... 24
34. Children Registry .........................................................................25
35. Special Protection Measures for Children .....................................25
36. Checklist for Children Civil Cases ................................................25
37. Guardianship ............................................................................... 26
38. Requirements in Cases of Children in Conict with the Law ............26
39. Trial ............................................................................................26
40. Procedure for Children in Need of Care and Protection ................ 26
41. Election Petitions Registry ........................................................... 27
42. Requirements ...............................................................................27
43. Procedure .....................................................................................27
44. Kadhis Registry ............................................................................28
45. Marriage and Divorce Registry .....................................................28
46. Inheritance ..................................................................................33
47. Miscellaneous Applications .......................................................... 36
48. Execution ....................................................................................38
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Magistrates and Kadhis Court Registry Manual
PART E. RECORDS MANAGEMENT ................................................39
49. Filing ........................................................................................... 39
50. Checklist Before Filing Documents ..............................................40
51. Perusal of Files .............................................................................40
52. File Movement Register ...............................................................41
53. Bring-up Diary ............................................................................ 41
54. Reproduction of Records ..............................................................41
55. Accessioning of Archive Files .......................................................42
56. Custody and Safety of Files .......................................................... 42
57. File Audit ....................................................................................43
58. Tracing and Reconstruction of Missing Files ................................ 43
59. Skeleton Files ..............................................................................44
60. Disposal of Records ......................................................................44
61. Appraisal of Records ....................................................................46
62. Typing and Issuance of Proceedings ..............................................47
63. Preparation of Records of Appeal .................................................47
64. Handling of Ocial Mail ............................................................. 48
PART F. EXHIBITS ................................................................................50
65. Disposal of Exhibits .....................................................................50
66. Perishables ................................................................................... 51
67. Drugs and Substances ..................................................................51
68. Forfeited Exhibits .......................................................................51
69. Custody of Unclaimed Property ....................................................51
PART G. ASSESSMENT OF COURT FEES ........................................52
70. Calculation of Fees for Liquidated Claims .................................... 52
71. Contention of Court Fees ............................................................. 53
72. Fees on General Damages ............................................................53
73. Simplied Fees Schedule .............................................................. 54
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ANNEXURES ............................................................. 56
Annexure 1 ..........................................................................................56
Annexure 2 ..........................................................................................57
Annexure 3 ..........................................................................................58
Annexure 4 ..........................................................................................59
Annexure 5 ..........................................................................................60
Annexure 6 ..........................................................................................61
Annexure 7 ..........................................................................................63
Annexure 8 ..........................................................................................64
Annexure 9 ..........................................................................................65
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Magistrates and Kadhis Court Registry Manual
PART A. INTRODUCTION
1. General Values and Principles
e guiding principle in the registry procedures and processes is having due
regard and utmost care for customers. e processes are informed by the
following values:
a). Respect
b). Courtesy
c). Integrity
d). Accountability
e). Humility
f ). Openness
g). Patriotism
h). Results
i). Sensitivity to persons with special needs and vulnerable groups
In the implementation of the manual, and in execution of their duties, all
ocials are bound by:
a). e national values and principles of governance (Article 10 of the
Constitution of Kenya).
b). e principles of leadership and integrity (Chapter Six of the
Constitution of Kenya)
c). e Public Ocer Ethics Act 2003.
d). e Leadership and Integrity Act 2012.
e). Judiciary Transformation Framework.
f ). e Judiciary Strategic Plan
g). Any other practice directions and circulars as may be issued from
time to time.
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2Magistrates and Kadhis Court Registry Manual
PART B. THE COURT SYSTEM
2. e Magistrates and Kadhis Courts
e Magistrates and Kadhis courts are established under Article(s) 162,
169 and 170 of the Constitution of Kenya, Magistrates Court Act and the
Kadhis Court Act.
a). Magistrates Courts
ese courts have both Civil and Criminal jurisdiction, as provided for in
the various Acts of Parliament.
e hierarchy of the Magistrates Court is as shown in the ow chart below;
CHIEF MAGISTRATES COURT
SENIOR PRINCIPAL MAGISTRATES COURT
PRINCIPAL MAGISTRATES COURT
SENIOR RESIDENT MAGISTRATES COURT
RESIDENT MAGISTRATES COURT
b). Kadhis Courts
e jurisdiction of a Kadhis court is limited to the determination of
questions of Muslim law relating to personal status, marriage, divorce or
inheritance in proceedings in which all the parties profess the Muslim
religion and submit to the jurisdiction of the Kadhis courts.
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Magistrates and Kadhis Court Registry Manual
e hierarchy of the Kadhis Courts is as illustrated below;
CHIEF KADHI
DEPUTY CHIEF KADHI
PRINCIPAL KADHI
KADHI I
KADHI II
3. Registry Ocials
is refers to all ocers supporting the registry function and include:
a). Court Administrators
b). Court Administrative Assistants
c). Court Assistants
d). Records Management Ocers/Archivists
e). Court Bailis and Court Process Servers
f ). Oce Administrative Assistants
g). Oce Assistants
h). Accountants
i). Information Communication and Technology (ICT) ocers
All registry ocials are accountable to the Head of Station, who is the
magistrate/kadhi in charge of all operations at the court station.
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4Magistrates and Kadhis Court Registry Manual
PART C. GENERAL REGISTRY PROCEDURES
4. Working Hours
a). e ocial working hours are 8.00 am to 5.00 pm, unless as
otherwise directed by the Head of Station.
b). Registries shall remain open through lunch hour.
c). Court registries are open from Monday to Friday except on public
holidays or as otherwise directed.
5. Information and Customer Care Desk
a). ere shall be a manned information and customer care desk at
every court station.
b). All enquiries shall be received at the information and customer care
desk and directed to the relevant oces.
c). e customer care desk shall maintain linkages and networks with
registries so as to obtain and communicate important information
to the customers.
d). ere shall be maintained, in every court, a suggestion box.
e). Information shall be accessed at the customer care desk or through
automated services such as SMS and email services.
f ). e customer care desk shall sensitize customers on the available
automated customer care services such as SMS and email.
g). ere shall be a general notice board at every court station and
registry.
6. Service Counters
a). Services shall be rendered on a ‘rst come, rst served’ basis.
However, priority shall be given to vulnerable groups such as the
elderly, children and expectant women. Persons with disability shall
also be given priority.
b). ere shall be established a queue management system in every
station.
c). Each registry shall have counters designated for specic services.
d). ere shall be an express counter to handle Certicates of Urgency.
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Magistrates and Kadhis Court Registry Manual
For customers with requests, which cannot be processed on the same day,
the ocer in charge of the registry shall note down their contacts and notify
them of the outcome of their requests at the earliest time possible.
7. Information and Communication Technology
e registry services and procedures shall be conducted with the aid of ICT
as is practically possible. is shall include the use of computers, emails,
software, and other ICT related systems and services.
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6Magistrates and Kadhis Court Registry Manual
PART D. REGISTRY PROCEDURES
8. Criminal Registry
e case ow chart is as follows:
RECEIVING OF CHARGE
SHEET FROM RELEVANT
INSTITUTIONS IN THE
REGISTRY
REGISTRATION OF CHARGE
SHEET AND PRESENTED TO
COURT
PLEA TAKING
PLEA OF
GUILTY
SUMMARY OF FACTS READ
FACTS
ADMITTED
FACTS
DENIED
PLEA
OF NOT
GUILTY
PLEA OF
NOT GUILTY
BOND AND BAIL
TERMS REPORTS
(AGE ASSESSMENT,
MEDICAL, PRE-BAIL,
E.T.C)
HEARING
RULING
CASE TO ANSWER
DEFENCE HEARING
JUDGMENT
CONVICTION
MITIGATION
PREVIOUS CRIMINAL
RECORDS AND
REPORTS, IF ANY
SENTENCE
1. CUSTODIAL
2. NON-CUSTODIAL
3. FINE
RIGHT OF APPEAL
ACCUSED ACQUITTED
NO CASE TO ANSWER
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Magistrates and Kadhis Court Registry Manual
e following is the registry where all matters of a criminal nature are
registered and processed.
ere shall be maintained in all court stations a register for criminal cases
led in the registry, with the following entries:
Date of
Registration
Court
Case
No.
Police
Case
No.
Accused Nature
of
Charges
Date
of First
Hearing
Judgment
or
Sentence
Date of
Judgment
Fine
Imposed
Fines
Paid
&
Date
Receipt
No.
Remarks
e process is as follows:
a). e Charge Sheet is received and particulars registered.
b). Where fee is applicable, the same is paid before registration.
c). A case number is issued and a folder is opened for the case.
d). e plea stamp is endorsed and the Coram indicated.
e). e le number is entered in the plea movement register.
f). Presentation of the le to the plea magistrate at the chamber, for
perusal.
g). Plea taking is done at the court.
h). File is registered in the court movement register and taken to the
ocer in charge of the criminal registry.
e ocer in charge will ensure;
a). Results from court are entered in the register.
b). Orders issued are complied with.
c). Daily returns are completed.
d). Court records are led appropriately.
e). e ling of returns in compliance with Section 39(13) and Rule 7
of SOA.
All Judiciary sta, magistrates and kadhis handling les must sign for them.
In case of a plea of not guilty, the court may impose bond/bail terms.
9. Bail and Bond Processing
A person charged with a criminal oence can be released either on cash
bail, bond, bond with surety or personal bond.
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Processing Cash Bail
a). Particulars of the accused person are given to the ocer in charge of
the registry.
b). File is retrieved.
c). Verication of cash bail payable and issuance of a cash bail/deposit
payment advice (see annexure 1).
d). Payment of cash bail through mobile money services, bank deposits
or any other authorized mode of payment.
e). Verication of payment at the court’s cash oce.
f ). Issuance of cash bail deposit receipt.
g). Signing of the bail bond form by the accused person and surety,
where applicable.
h). Issuance of the release order by the court in triplicate.
i). Presentation of receipt and release order to the court orderly or
ocer in charge of prison to secure release of the accused person.
Processing Bond with Surety
a). Particulars of the accused person are given to the ocer in charge of
the registry.
b). File is retrieved from the registry for verication of bond terms.
c). Presentation of identication documents, which include:
(i). Identication card/passport
(ii). Letter from the chief
(iii). Employers’ letters
(iv). Recent passport size photos
d). Presentation of surety and security documents, which include:
(i). Land ownership documents
(ii). Logbooks
(iii). Payslips
(iv). Share certicates
(v). Bank drafts
(vi). Insurance policy
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Magistrates and Kadhis Court Registry Manual
Verication of Bond/Security Documents
a). e ocer in charge of the registry shall make reference to the
land registry, motor vehicles registry, registrar of persons and other
relevant oces.
b). e documents are certied by the issuing authority.
c). Valuation of the security.
d). e le is taken to the magistrate for examination and approval.
e). Preparation of necessary documents, i.e., preparation of particulars
of surety, release order, bond and bail bonds where the accused is in
custody.
f ). Details of the surety are recorded in the Security Register.
ere shall be maintained a securities register at each station, with the
following entries:
Date Case
No.
Name of
Accused
Name of
Surety
Name of
Security
Date of
Receipt
Date of
Release
Signature
& ID No.
NB: In all cases, in exercise of their discretion, the magistrates may request
for further verications/enquiries, as they deem necessary.
a). Where bail is not raised, a remand warrant is issued.
b). Where one pleads guilty and a ne is imposed, the procedure under
number 11 (Fines) shall apply.
10. Daily Cause List
a). e ocer in charge of the registry prepares a cause list based on
the diary, a week in advance.
b). e cause list shall contain the date, respective court and presiding
magistrate, case number and particulars of the parties, intended
action (including rulings and judgment) for the day, and time.
c). e cause list shall be displayed on the general notice board,
Judiciary website and also sent to the National Council for Law
Reporting.
d). A copy is distributed to the respective courts, the prosecution and
the information and customer care desk.
e). A copy of the cause list shall be maintained for record purposes.
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11. Trial
a). e ocer in charge of the registry must ensure that les are
presented to the trial court a day in advance.
b). e court assistant shall ensure that all les are presented before the
magistrate.
c). Where necessary, the ocer in charge of the registry shall provide
an interpreter.
d). Orders issued during trial must be executed by the ocer in charge
of the registry.
e). e court assistant should have all necessary forms concerning
orders in court.
f ). All orders given in court shall be extracted and issued immediately
or at least by the end of the day.
g). Orders to be served on other departments must be extracted and
served within reasonable time.
Adjournment/New Dates
a). Where a case is adjourned, the court shall give a hearing/mention
date.
b). Where the accused is in remand, the court assistant shall endorse
the same in the warrant, which shall be signed by the magistrate.
c). Where the accused person is on bond, the new date shall be
endorsed on the bond by the court assistant.
d). e court assistant shall ensure that the correct dates are endorsed
on the warrant/bond.
e). e court assistant will be held accountable for any wrong
endorsement of date.
e court shall pronounce judgment and sentence at the conclusion of the
case.
Fines
Where a ne has been imposed, the following processes shall apply;
a). Particulars of the accused person are given to the ocer in charge of
the registry.
b). File is retrieved.
c). Verication of ne payable.
d). Issuance of a court fees/ne payment advice (See annexure 2).
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Magistrates and Kadhis Court Registry Manual
e). Payment of ne through mobile money services, bank deposits or
any other authorized mode of payment.
f ). Verication of payment at the court’s cash oce.
g). Issuance of ocial court ne receipt.
h). Preparation of the release order.
i). Presentation of receipt and release order to the court orderly or
ocer in charge of prison to secure release of the accused person.
j). If a person has partly served their term, where there was an option
of a ne, the cash oce shall compute the payable amount as at the
time of payment.
Other Sentences
a). Where a custodial sentence has been imposed, the court assistant
prepares a committal warrant.
b). e person in charge of the Criminal registry must ensure that
other orders like Community Service Order, probation, borstal and
committal to other institution are executed.
c). e ocer in charge of the registry shall maintain pigeonholes
where les for specic actions by children ocers, probation ocers,
etc., shall be stored for easy access.
12. Release of Cash Bail/ Securities
At the conclusion of every case, the magistrate shall make an order for the
release of cash bail/securities.
Refund of Cash Bail
a). Presentation of original deposit receipt, identication document and
bank account particulars.
b). File is retrieved.
c). Receipt is veried.
d). e le and documents presented are forwarded to Accounts section
for processing.
e). Payment Voucher is prepared.
f ). Money is refunded through cheque or EFT.
g). Where an original receipt and/or an identication card is lost, the
depositor should swear an afdavit and attach a copy of the receipt/
abstract.
h). e Head of Station shall, at all times, ensure prompt cash bail refunds.
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12 Magistrates and Kadhis Court Registry Manual
Release of Security
a). Request may be made orally or in writing to the ocer in charge of
the registry.
b). File is retrieved.
c). Verication is done.
d). Security is released to the surety.
e). Depositor signs for receipt of the security in the securities register.
13. Inquests
ere shall be maintained, in every court, a death notication le and an
inquest register, with the following entries:
Date Case
No.
Police Station No. Name of Deceased Date of Ruling Findings
e process is as follows:
a). Notication from the police is received under Section 386 of the
CPC.
b). All notications are led in a death notication le.
c). e police duplicate le is received and particulars registered in the
inquest register.
d). e court le is opened and forwarded, together with the duplicate
le, to the magistrate for perusal and directions.
e). e magistrate considers whether or not a public inquest should be
conducted and makes a recommendation.
f ). If the magistrate nds that it is not necessary to conduct a public
inquest, the order shall be served to the Oce of the Director of
Public Prosecutions and the police duplicate le is retained, to form
part of the court record.
g). e detailed results are entered in the inquest register.
h). If the magistrate approves the holding of a public inquest, a mention
date is given and a hearing date set.
i). e court then issues summonses to the witnesses.
j). At the conclusion of the hearing, a ruling is made.
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Magistrates and Kadhis Court Registry Manual
14. Miscellaneous Criminal Applications
ere shall be maintained a Miscellaneous Applications register in all court
registries, with the following entries:
Date of
Registration
Court
Case No.
Applicant Respondent Claim Ruling Remarks
e process is as follows:
a). Notice of motion and supporting adavit are presented to court.
b). e application is registered in the Miscellaneous Applications register.
c). It is assigned a case number.
d). e le is placed before the duty magistrate for hearing and
disposal.
e). For private prosecutions, the fee applicable is provided for in the
Judicature Act Schedule VI.
15. Trac Registry
ere shall be maintained a register of trac cases in all court registries,
with the following entries:
Date of
Registration
Court
Case
No.
Police
Case
No.
Accused Nature of
Charges
Date
of First
Hearing
Judgment
or Sentence
Date of
Judgment
Fine
Imposed
Fines
Paid &
Date
Receipt
No.
Remarks
e process is as follows:
a). e Charge Sheet is received and particulars registered.
b). A case number is issued and a folder is opened for the case. e plea
stamp is endorsed and the Coram is indicated.
c). e particulars of the le are entered in the plea movement register.
d). e le is presented to the plea magistrate at the chamber, for
perusal.
e). Plea taking is done in open court.
f ). e particulars of the le are entered in the court movement register
and taken to the ocer in charge of the trac registry.
Where a plea of not guilty is entered, the procedures found under number
9 (Bail and Bond Processing) in this manual shall apply.
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14 Magistrates and Kadhis Court Registry Manual
Where a plea of guilty is entered, the procedure under number 11 (Fines)
or number 11 (Other Sentences) in this manual shall apply.
16. Police Cash Bail Refund
a). Money is released to the accused in court before plea is taken.
b). If the accused person does not attend court, the money shall be
forfeited to the state by the court.
17. Civil Registry
e case ow chart is as follows:
Presentation of
pleadings to the
Registry
Verication
and assessment
of pleadings
Payment of
court fees and
registration of
pleadings
Issuance of
summons
to enter
appearance
Collection of
summons for
service
Filing the
adavit of
service
If memorandum
of appearance/
defence is not led
Filing of
memorandum
of appearance
If memorandum
of appearance
is led
Filing
statements
of admission
(liquidated
claim)
Filing statement
of defence/
counter claim
Reply to
defence/defence
to counter claim
Filing
questionnaire
Pre-trial
conference
Full trial
Judgment
Decree
Execution by way of:-
1. Attachment and sale of movable property
2. Attachment and sale of immovable property
3. Attachment of monthly salary
4. Notice to show cause
5. Committal to civil jail
Request for
judgment led
Notice
of entry of
judgment on
liquidated
claims
Interlocutory/
ex-parte
judgment is
entered
Formal proof
hearing
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Magistrates and Kadhis Court Registry Manual
ere shall be maintained a register of civil cases in every court registry,
with the following entries:
Date
of
Filing
Case
No.
Plainti,
Advocate
& Contact
(email, postal
& mobile)
Defendant,
Advocate&
Contact
(email,
postal &
mobile)
Nature
of
Claim
Date of
Hearing
Fees
Paid &
Receipt
No.
Judgment/
Date
Decision
Made
Further
Court
Fees &
Receipt
No.
Remarks
Registration
a). Presentation of petition/plaint/originating summons at the registry,
accompanied by a list of witness(es), witness statements, verifying
adavit, list of exhibits and track of the case.
b). Assessment of ling fees as provided for under Part G of this
manual.
c). Issuance of a court fees payment advice (see annexure 2).
d). Payment through the bank, mobile money services or any other
authorized mode of payment.
e). Verication of payment.
f ). Receipting.
g). Date stamping of documents.
h). Registration and issuance of a case number.
i). A le is opened.
Procedure After Filing
a). Summons are prepared and signed.
b). Issuance of summons.
c). Service of summons is eected through private or court process
servers. e process server must le Adavit of Service and attach a
copy of their registration certicate.
d). Upon service, Defendants have 15 days to le Memorandum of
Appearance.
e). Upon ling Memorandum of Appearance, defendants have 15 days
to le a defence.
f ). If Memorandum of Appearance and/or defence are not led within
the prescribed period, interlocutory judgment is entered upon
application by the plainti.
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16 Magistrates and Kadhis Court Registry Manual
g). For a liquidated claim, a nal judgment is entered and costs are
assessed.
h). Where the claim is unliquidated, the matter shall be set down for
formal proof.
i). In all other cases, the suit shall be set down for hearing in
accordance with the Civil Procedure Act and Rules.
j). On conclusion, a judgment shall be pronounced and orders issued
accordingly.
k). Further court fees shall be assessed and levied, where found due.
l). Execution processes shall only commence once further court fees are
fully paid.
18. Assessment of Costs
a). Costs shall be agreed on by the parties or assessed by the magistrate.
b). A Certicate of Costs shall be drawn and signed by the magistrate.
19. Extraction of Decrees
e process of extracting decrees or orders involves the following:
a). Draft decree/order is presented by either party to the ocer in
charge of the registry.
b). Verication of draft decree in the registry.
c). Court ling fees and further outstanding fees are assessed and paid.
d). Issuance of a court fees/ne payment advice (See annexure 2).
e). A court fees certicate is prepared to conrm payment of court fees.
f ). e decree is presented to the magistrate for conrmation that the
decree is drawn in accordance with the judgment.
g). e decree is signed and sealed by the magistrate.
h). Decrees and orders are forwarded for certication by the trial
magistrate.
i). Decrees/orders are dispatched to the applicants through the ocer
in charge of the registry.
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Magistrates and Kadhis Court Registry Manual
20. Execution
Upon receipt of an application for execution of decree/order, the ocer in
charge of the registry shall conrm that;
a). e suit is concluded and there is a copy of signed judgment/ruling
of the court.
b). ere is no stay of execution order in force.
c). A ten day notice of entry of judgment has been served on the
judgment debtor, in the cases where judgment was obtained ex
parte.
d). e requisite court fee for execution is paid.
e). e decree is not more than one year old. If it is more than one year
old, a Notice to show cause is issued.
f ). e decree/order is drawn and signed.
g). Where the execution is through attachment and sale by an
auctioneer, the auctioneer must be licensed and have the requisite
jurisdiction to execute.
Issuance of Warrants
Upon conrmation of the above checklist, the following shall apply;
a). e ocer in charge of the registry shall calculate the amount to
be included, which comprises the decretal amount, interest, further
costs and court collection fees.
b). Warrants are prepared by the ocer in charge of the registry.
c). Warrants are presented to the magistrate for signature.
d). Warrants are presented to the court baili/court process
server/auctioneers.
ere shall be maintained an execution warrant of attachment register, with
the following entries:
Date
Issued
Case
No.
Parties Amount to be
Executed
Name of
Auctioneer
Date
Returned
Remarks
All execution warrants shall be entered in the execution warrants register.
a). Execution warrants are returned, received, noted in the register and
led.
b). A ling fee shall be paid for returned warrants.
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18 Magistrates and Kadhis Court Registry Manual
Modes of Execution
e modes of execution include;
a). Warrant of attachment and sale of judgment debtor’s property.
b). Attachment of 1/3 (one third) of salary.
c). Warrant of arrest and commitment to civil jail.
d). Eviction order.
e). Garnishee proceedings.
f ). Prohibitory orders.
Further to the above guidelines, registries shall be guided by the provisions
of Order 22 of the Civil Procedure Rules on execution.
21. Miscellaneous Civil Applications
ere shall be maintained a Miscellaneous Civil Applications register, with
the following entries:
Date of
Filing
Case
No.
Applicant,
Advocate
& Contact
(email,
postal &
mobile)
Respondent,
Advocate&
Contact
(email,
postal &
mobile)
Nature
of
Claim
Date of
Hearing
Fees
paid &
Receipt
No.
Judgment/
Date
Decision
Made
Remarks
e process is as follows:
a). Notice of motion and supporting adavit is presented to the
registry.
b). Applicable fee is assessed.
c). Issuance of a court fees payment advice.
d). Payment is made.
e). Verication of payment.
f ). e application is registered and assigned a case number.
g). e le is placed before the duty magistrate for hearing and
disposal.
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Magistrates and Kadhis Court Registry Manual
22. Deposits Involving Minors
ere shall be maintained a deposits register, with the following entries:
Date Case No. Parties Name(s) of
Minor
Amount
Deposited
Place of
Investment
Remarks
Files, which have orders involving deposits for minors, shall not be disposed
of pending application by the minor on attainment of the age of majority.
23. Refund of Deposits
e process is as follows:
a). Release will be by court order.
b). Presentation of identication document and bank account details.
c). File is retrieved.
d). e le and documents presented are forwarded to Accounts section
for processing.
e). Payment voucher is prepared.
f ). Money is refunded through cheque or EFT.
g). Where an identication document is lost, the claimant should swear
an adavit and attach a copy of the abstract.
h). e Head of Station should, at all times, ensure prompt deposit
refund.
24. Workmen Compensation Claims
ere shall be maintained a workmen compensation register, with the
following entries:
Date of Filing Case
No.
Claimant Nature of
Compensation
Remarks
e process is as follows:
a). Receipt of the cheque and voucher.
b). A le is opened.
c). Presentation of the le and workman before the magistrate for
directions.
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20 Magistrates and Kadhis Court Registry Manual
d). Recovery of the court collection fees before payment is made.
e). e money is released to the claimant.
(e procedure of releasing the money is the same as that of
refunding deposits, as shown above)
25. Execution of Orders from Tribunals
e process is as follows:
a). Order is received.
b). Particulars are registered.
c). File is opened and placed before the magistrate for directions.
26. Probate Registry
e case ow chart is as follows:
Presentation of relevant
documents for verication
in the registry
1. Death certicate
2. Chief ’s letter
3. Evidence of ownership
of assets
4. Consent from family
members
Purchase/download the
following forms:
1. Form P&A 5
2. Form P&A 57
3. Form P&A 80
4. Form P&A 11
5. Form P&A 12
6. Form P&A 38
Presentation of
duly lled forms for
assessment, registration
and payment of court
fees
Date stamping/
receiving of
documents
Notices forwarded to the
government printer for
advertisement in the Kenya
Gazette
30 days after
the advertisement,
temporary grant of letters
of administration issued if
no objection is led
If objection
led
Hearing and determination
of objection
If the
objection is
upheld
If the objection
is overruled
Compliance with the Court
Order Grant is conrmed
Application for
conrmation of
grant led after six
(6) months or earlier,
as the case may be
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Magistrates and Kadhis Court Registry Manual
ere shall be maintained a standard probate register, with the following
entries:
Date
of
Filing
Cause
No.
Name of
Deceased
and Alias
Nationality,
Residence
&
Occupation
of Deceased
Place
of
Death
Date
of
Death
Name &
Address of
Administrator/
Petitioner
Gross
Value
of
Estate
Fee
Paid &
Receipt
No.
Date
Grant
Issued
Date
Grant
Conrmed
e jurisdiction of the Magistrates Court is limited to intestate estates.
a). e court that handles succession matters is the one gazetted under
Section 47 of the Law of Succession Act (Chapter 160).
b). The forms used in the Probate Registry and refered herein are found
under Cap. 160
27. Checklist for Succession Causes
a). Petition in the appropriate form.
b). Certied copy of certicate of death.
c). Adavit in support of the Petition duly executed.
d). Letter from the chief or any authority conrming the beneciaries of
the deceased estate.
e). Guarantors/sureties (where necessary).
f ). Bank-in slips for advertisement in the special issue of the Kenya
Gazette (for full Grants).
g). Evidence of ownership of assets, i.e. copies of title documents.
h). Consent from adult beneciaries.
i). Where minors are involved, there must be more than one (1)
petitioner.
j). Copy of Will (where applicable).
28. Caveat
Any person, who wishes to be notied of any application for the making or
conrming of a grant of representation to the estate of a particular deceased
person, may enter a caveat in any registry. (Form 28)
ere shall be maintained, in every registry, a caveat register, with the
following entries:
Date Caveat
No.
Case
No.
Name of
Deceased
Name and Particulars of
Caveator
Remarks
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22 Magistrates and Kadhis Court Registry Manual
Procedure
a). Presentation and ling of the caveat in triplicate. (Form 28)
b). Assessment of the requisite fee.
c). Issuance of a court fees payment advice.
d). Payment.
e). Verication of payment.
f ). Recording of particulars of the caveat in the register.
g). A copy of the caveat is forwarded to the principal registrar.
h). Caveator is notied of any intended action through Form 111.
29. Forms Used
e forms are available at the court registry and can also be downloaded
online from the Judiciary website: www.judiciary.go.ke
Grant of Letters of Administration Intestate –Forms: -
(i). P&A 80 – Petition for Letters of Administration Intestate.
(ii). P&A 5 – Adavit in Support of Petition for Letters of
Administration Intestate.
(iii). P&A 12 – Adavit of Justication of proposed Administrator.
(iv). P&A 11 – Adavit of Justication of proposed Sureties.
(v). P&A 57- Guarantee by Personal Sureties.
(vi). P&A 38 – Consent to making a grant.
Where the widow is applying alone, she is exempted from availing a surety
and also exempted from ling Form 57 and 11. Form 38 is only applicable
when there are adult beneciaries.
30. 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). Verication by the court administrative assistant that all relevant
documents have been availed in accordance with the checklist.
e). Assessment of court fees to be paid.
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Magistrates and Kadhis Court Registry Manual
f ). Issuance of a serial number and a fees payment advice form to pay
the court fees at the bank.
g). Conrmation by the accountant that ling fee has been deposited
and issuance of ocial receipt.
h). Registration of the petition in the probate registers.
i). Referral of le to the District Registrar (Gazetted magistrate) for
action.
j). Conrmation from the central registry that there is no other grant
led.
k). If no objection has been led within 30 days after publication in the
Kenya Gazette, the le is placed before the District Registrar for
issuance of Grant of Letters of Administration.
31. Objection Proceedings
ere shall be maintained an objection register in all Probate and
Administration registries, with the following entries:
Date Case
No.
Particulars of
Objection
Particulars of
Answer
Particulars of Cross
Petition
Remarks
e process is as follows:
a). Objection is led in triplicate in court.
b). Objection is recorded in the register of objections as provided in
Rule 17(3) of the P & A rules.
c). District Registrar forwards notice of objection to the applicant.
(Form 61)
d). District Registrar forwards Notice to the objector, requiring him
to reply to the petition by ling a cross application for grant and
replying adavit. (Form 67)
e). e le is placed before the District Registrar for directions.
32. Conrmation of Grant
Requirements
a). Where summons for conrmation are taken out after 6 months,
Form 108 shall be lled.
b). Where conrmation is applied for before expiry of 6 months, Form
109 shall be lled.
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24 Magistrates and Kadhis Court Registry Manual
c). Adavits in support.
d). Consents of beneciaries to conrmation and mode of distribution.
e). Where there is a protest, adavit of protest (Form 10) is received
and led.
f ). e matter is placed before the District Registrar (Gazetted
magistrate) for hearing.
Procedure of Conrmation of Grant
a). Duly lled forms are presented for assessment.
b). Application is assessed.
c). After payment, the application and the banking slip are received at
the cash oce.
d). File is forwarded to the date’s section for a hearing date to be xed.
e). All beneciaries attend court during hearing for conrmation.
f ). When orders for conrmation are granted, a Certicate of
Conrmation is issued forthwith.
33. Miscellaneous Probate and Administration Matters
ere shall be maintained, in every registry, a register of Miscellaneous
Probate and Administration matters, with the following entries:
Date Case
No.
Name of
Deceased
Name and
Particulars of
Applicant
Name and
Particulars of
Respondent
Prayers
Sought
Orders
Granted
Remarks
e following applications may be made;
Citation
Any interested party may take out a citation where the rightful beneciaries
have failed to take out Letters of Administration. (Form 32 or 36)
Procedure
a). Presentation of citation to the registry in the prescribed form.
(Form 32 or 36)
b). Assessment of court fees.
c). Issuance of a court fees payment advice.
d). Payment.
e). Verication of payment.
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Magistrates and Kadhis Court Registry Manual
f ). A le is opened and particulars entered in the register.
g). Presentation of the citation to the District Registrar for signature.
h). Service of the citation to the citor.
Limited Grants
ese are limited to the purpose of preservation of the estate of the deceased
until further representation is granted and also for certain specic purposes.
34. Children Registry
is registry deals with matters relating to parental responsibility, custody,
maintenance, guardianship, care and protection of children and children
in conict with the law. e processes are governed by the Constitution
of Kenya, Children’s Act, Chapter 586 of the Laws of Kenya and other
relevant legal provisions.
e processes in children matters are the same as those in civil as well as
criminal matters.
35. Special Protection Measures for Children
All children cases shall be tried in separate courts, as provided for by the
law.
a). e Court should be cleared of all uninterested parties when
children matters are being heard.
b). Ocers handling children cases are allowed to depart from strict
rules of procedure governing other courts.
c). e best interest of the child is the paramount consideration in
children matters.
36. Checklist for Children Civil Cases
a). Plaint or originating summons.
b). Verifying Adavit.
c). Supporting Adavit.
d). List of witnesses.
e). Statement of witnesses.
f ). Exhibits and/or supporting documents.
g). Application by way of Notice of motion.
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26 Magistrates and Kadhis Court Registry Manual
37. Guardianship
a). An originating summons and an adavit is presented.
b). Fee is assessed.
c). Issuance of a court fees payment advice.
d). Payment.
e). Verication of payment.
f ). Service is eected.
g). Replying adavit is led.
h). File is presented to magistrate for action.
Registration
e procedure applicable is found under number 17 (Civil Registry) of this
manual.
38. Requirements in Cases of Children in Conict with the Law
a). e arresting ocer brings the child to court.
b). A charge sheet is presented by the arresting ocer to the registry.
c). e child is presented to court, which should be cleared of all
uninterested parties.
d). e child shall be remanded at a children remand home and when
the child is admitted to bail, the principles applicable to number 9
(Bail and Bond Processing) herein shall apply.
39. Trial
e procedures applicable are in number 11 (Trial) of this manual. However,
the special measures under number 35 (Special protection measures for
children) must be taken into account.
40. Procedure for Children in Need of Care and Protection
ere shall be maintained a register of cases for children in need of care and
protection, with the following entries:
Date Case
No.
Name of the
Child
Applicant Orders
Sought
Orders Made and
Date
Remarks
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Magistrates and Kadhis Court Registry Manual
e process is as follows:
a). A statement by the police or children ocer is presented at the
registry.
b). A le is opened and the details entered in the register.
c). e child is presented to court for action.
d). e court assistant shall ensure that all orders are extracted and
served for execution by the appropriate authority.
41. Election Petitions Registry
Jurisdiction of a Magistrates Court, with regard to Election Petitions, is
limited to disputes arising from County Assembly elections.
ere shall be an election petition register maintained at every registry, with
the following entries:
Date Petition
No.
Petitioner Respondent(s) Prayers Judgment and Date
Decision Made
Remarks
42. Requirements
a). Petition.
b). Filing fees.
c). Supporting Adavit.
d). Deposit of security for costs.
e). Witnesses’ sworn afdavits.
43. Procedure
a). Presentation of the petition.
b). Assessment of ling fees.
c). Issuance of a court fees payment advice.
d). Payment.
e). Verication of payment.
f ). Receiving of the petition.
g). Acknowledgment and stamping.
h). Notication of the ling is done to the Registrar, Magistrates Court.
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28 Magistrates and Kadhis Court Registry Manual
i). Deposit of security for payment of costs.
j). Service of the petition.
k). Filing and serving a response.
l). Receipt of the results of the relevant election, from the relevant
electoral Commission, by the court.
m). Issuing of a mention notice for directions.
n). Receipt of ballot boxes by the court and noting the details as per the
rules.
o). Petition is set down for hearing.
44. Kadhis Registry
Kadhis Court handles the following matters:
a). Marriage and divorce registration.
b). Marriage under Islamic Law.
c). Divorce matters.
d). Matters of inheritance.
e). Matters pertaining to personal status.
NB: is jurisdiction is applicable where both parties profess Islam and
submit to the jurisdiction of the court.
45. Marriage and Divorce Registry
e registry deals with marriage and divorce issues.
Registration of Marriages
ere shall be maintained a marriage register, with the following entries:
Date Serial
No.
Names &
Particulars of
Husband
(Residence
and
Identication)
Names of Wife
(Residence and
Identication)
Wife’s
Guardian/
Waliyy
Marital
Status
Date of
Marriage
Dowry
Agreed
Dowry
Paid
Name of
Witnesses
and
Signatures
Town &
Place of
Marriage
Name and
Signature of
the Kadhi
Requirements
a). Duly lled marriage registration application form.
b). Adavit by the husband and wife.
c). Husband and wife’s proof of age (National Identication Card,
Birth Certicate, Passport, etc.)
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Magistrates and Kadhis Court Registry Manual
d). Individual photos of the husband and wife and marriage photos of
both (if available).
e). Certicate of religious marriage, issued by a presiding registrar (this
in case of marriage solemnized out of the country).
f ). Divorce certicate (in case either or both spouses are divorcees).
g). Death certicate (in case of widow’s or widower’s marriage).
h). Presence of two (2) witnesses who attended the ceremony.
i). Power of Attorney (in case the husband is not available).
Procedure
a). Application for marriage registration (Memorandum of Marriage)
and adavit is presented at the registration counter.
b). Application for marriage registration and documents are veried.
c). Court fee is assessed.
d). Payment advice, with a serial number, is issued.
e). Court fee deposit slip is veried.
f ). Application number is assigned.
g). Court fee receipt is issued by the cashier.
h). Documents are date stamped.
i). Application details are registered in the register.
j). File is opened.
k). File is placed before the Kadhi for action.
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30 Magistrates and Kadhis Court Registry Manual
Matrimonial Disputes
e case ow chart is as follows:
Presentation of
pleadings to the
Registry
Verication
and assessment
of pleadings
Payment of
court fees and
registration of
pleadings
Issuance of
summons
to enter
appearance
Collection of
summons for
service
Filing the
adavit of
service
If memorandum
of appearance/
defence is not
led
Filing of
memorandum
of appearance
If memorandum
of appearance
is led
Filing
statements
of admission
(liquidated
claim)
Filing statement
of defence/
counter claim
Reply
to defence/
defence to counter
claim
Filing
questionnaire
Pre-trial
conference
Full trial
Judgment
Decree
Execution by way of:-
1. Attachment and sale of movable property
2. Attachment and sale of immovable property
3. Attachment of monthly salary
4. Notice to show cause
5. Committal to civil jail
Request for
judgment led
Notice
of entry of
judgment on
liquidated
claims
Interlocutory/
ex-parte
judgment is
entered
Formal proof
hearing
ere shall be maintained a matrimonial disputes register, with the following
details:
Date
of
Filing
Case
No.
Plainti,
Advocate
& Contact
(email,
postal &
mobile)
Defendant,
Advocate&
Contact
(email,
postal &
mobile)
Nature
of
Claim
Date of
Hearing
Fees
Paid &
Receipt
No.
Judgment/
Date
Decision
Made
Further
Court
Fees &
Receipt
No.
Remarks
ey include:
a). Validity of marriage.
b). Pre-nuptial agreements.
c). Legal guardianship, etc.
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Magistrates and Kadhis Court Registry Manual
Requirements
a). Pleadings such as plaint, Notice of motion, and petitions.
b) Adavits.
c). Supporting documents.
d). List of witnesses.
e). Witness statements.
Procedure
a). Pleadings are presented at the registry counter.
b). Verication of pleadings and documents.
c). Assessment of court fees.
d). Issuance of a court fees payment advice.
e). Payment.
f ). Verication of payment.
g). e cause is given a number.
h). Opening of the le.
i). Entry is made into the register.
j). Summons are prepared and signed.
k). Issuance of summons.
l). Service of summons through private or court process servers. e
process servers must le Adavit of Service and attach a copy of
their registration certicate.
m). Upon service on the Defendant(s), Defendants have 15 days to le
Memorandum of Appearance.
n). Upon ling Memorandum of Appearance, defendants have 15 days
to le a defence.
o). If Memorandum of Appearance and/or defence are not led within
the prescribed period, interlocutory judgment is entered.
p). For a liquidated claim, a nal judgment is entered and costs are
assessed.
q). Where the claim is unliquidated, the matter shall be set down for
formal proof.
r). In all other cases, the suit shall be set down for hearing in
accordance with the Civil Procedure Act and Rules.
s). At conclusion, a judgment shall be pronounced and orders issued
accordingly.
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32 Magistrates and Kadhis Court Registry Manual
t). Further court fees shall be assessed and levied where found due.
u). Execution processes shall only commence once further court fees
are fully paid.
Informal Divorce
ere shall be maintained a register of informal divorce cases, with the
following entries:
Date Cause
No.
Name and
Particulars
and
Signature
of
Divorcee
(M)
Name and
Particulars
and
Signature of
Divorcee (F)
Name and
Signatures
of
Witnesses
No. of
Divorce
Date of
Divorce
Name
of
Town
and
Place of
Divorce
Fees
Paid
Signature
of Kadhi
Remarks
ese are divorces that are conducted informally.
Upon application for registration, the following are the requirements;
a). Duly lled divorce registration application forms
b). Adavit.
c). Proof of identity and age (Identication Card, Birth certicate,
passport, etc.).
d). Proof of marriage (marriage certicate, witnesses or wedding card).
e). Proof of divorce (witnesses, letter of divorce, etc.).
Procedure
a). Application for divorce registration and adavit is presented at the
registration counter.
b). Documents are veried.
c). Assessment of court fees.
d). Issuance of court fees payment advice.
e). Payment.
f ). Verication of court fee payment.
g). Application number is assigned.
h). Court fees receipt is issued.
i). Documents are dated and stamped.
j). Details are entered in the register.
k). File is opened and placed before the Kadhi for action.
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Magistrates and Kadhis Court Registry Manual
Formal Divorce
ere shall be maintained a register of formal divorce cases, with the
following entries:
Date
of
Filing
Case
No.
Plainti,
Advocate
& Contact
(email,
postal &
mobile)
Defendant,
Advocate&
Contact
(email, postal
& mobile)
Nature
of
Claim
Date of
Hearing
Fees Paid
& Receipt
No.
Judgment/
Date
Decision
Made
Further
Court
Fees &
Receipt
No.
Remarks
e processes applicable to formal divorce are found under number 17
(Civil Registry) of this manual.
46. Inheritance
e case ow chart is as follows:
Presentation of relevant
documents for verication
in the registry
1. Death certicate
2. Chief’s letter
3. Evidence of ownership
of assets
4. Consent from family
members
Purchase/download the
following forms:
1. Form P&A 5
2. Form P&A 57
3. Form P&A 80
4. Form P&A 11
5. Form P&A 12
6. Form P&A 38
Presentation of
duly lled forms for
assessment, registration
and payment of court
fees
Date stamping/
receiving of
documents
Notices forwarded to the
government printer for
advertisement in the Kenya
Gazette
30 days after
the advertisement,
temporary grant of
letters of administration
issued if no objection
is led
If objection
led
Hearing and determination
of objection
If the
objection is
upheld
If the objection
is overruled
Compliance with the Court
Order Grant is conrmed
Application for
conrmation of
grant led after six
(6) months or earlier,
as the case may be
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34 Magistrates and Kadhis Court Registry Manual
ere shall be maintained an inheritance register, with the following entries:
Date Case
No.
Name of
Deceased
and Alias
Nationality,
Residence &
Occupation
of Deceased
Place
of
Death
Date of
Hearing
Name &
Address of
Administrator/
Petitioner
Gross
Value
of
Estate
Fee
Paid &
Receipt
No.
Date
Grant
Issued
Date Grant
Conrmed
Checklist for Inheritance Causes
a). Petition in the appropriate form.
b). Certied copy of certicate of death.
c). Adavit in support of the Petition duly executed.
d). Letter from the chief or any authority, conrming the beneciaries
of the deceased’s estate.
e). Guarantors/sureties (where necessary).
f ). Bank-in 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 beneciaries.
i). Where minors are involved, there must be more than one (1)
petitioner.
j). Copy of Will (where applicable).
NB: For caveat and objection proceedings, refer to number 28 (Caveat)
and number 31 (Objection Proceedings) of this manual,
respectively.
Forms Used
e forms are available at the court registry and can also be downloaded
online from the Judiciary website: www.judiciary.go.ke
a). Grant of Letters of Administration Intestate –Forms:-
(i). P&A 80 – Petition for Letters of Administration Intestate
(ii). P&A 5 – Adavit in Support of Petition for Letters of
Administration Intestate
(iii). P&A 12 – Adavit of Justication of proposed Administrator
(iv). P&A 11 – Adavit of Justication of proposed Sureties
(v). P&A 57- Guarantee by Personal Sureties; and
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Magistrates and Kadhis Court Registry Manual
(vi). 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 beneciaries.
b). Grant of Letters of Administration with written will annexed. Form
80, 5, 12, 11, 57, and 38.
c). Grant of Probate Testate (written will) - Form 79 and adavit.
d). Grant of Probate Testate (oral will) - Form 78 and adavit.
e). Grant De bonis Non( with will) – form 87 and adavit.
f ). Grant De bonis Non ( without will) - form 86 and adavit.
g). Resealing - form 81 and adavit.
h). Grant of Letters of Administration Ad Litem - form 90B and
adavit.
i). Grant of Letters of Administration Ad colligenda bona- form 85
and adavit.
j). Grant of Letters of Administration Pendente lite- form 90 and
adavit.
k). Special limited Grant - form 85A and adavit.
Registration
a). Checklist is provided, together with the forms.
b). Presentation of completed forms at the registration counter.
c). Verication by the court administrative assistant that all relevant
documents have been availed in accordance with the checklist.
d). Assessment of court fees.
e). Issuance of a serial number and a fees payment advice form to pay
the court fees at the bank.
f ). Conrmation by the Accountant that ling fee has been deposited
and issuance of ocial receipt.
g). Registration of the petition in the probate registers.
h). File is placed before the kadhi for action.
i). Conrmation from the central registry that there is no other grant
led.
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36 Magistrates and Kadhis Court Registry Manual
j). If no objection has been led within 30 days after publication in the
Kenya Gazette, the le is placed before the District Registrar for
issuance of Grant of Letters of Administration.
Conrmation of Grant
Requirements
a). Summons for conrmation forms duly lled- (Form 108 after
expiry of six months and Form 109 before expiry of six months).
b). Adavits in support.
c). Consents of beneciaries to conrmation.
d). Where there is a protest, adavit of protest (Form 10) is received
and led.
e). e matter is placed before the kadhi for hearing.
Procedure of Conrmation of Grant
a). Duly lled forms are presented for assessment.
b). Application is assessed.
c). After payment, the application and the bank-in slip are received at
the cash oce.
d). File is forwarded to the date’s section for a hearing date to be xed.
e). All beneciaries attend Court during hearing for conrmation.
f ). When orders for conrmation are granted, a Certicate of
Conrmation is issued forthwith.
47. Miscellaneous Applications
ere shall be maintained a Miscellaneous Applications register, with the
following entries:
Date Case
No.
Applicant Respondent Orders Sought Results Remarks
ese applications include;
a). Presumption of death and life.
b). Issues related to will and deceased liability.
c). Distribution of property.
d). Legal opinions.
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Magistrates and Kadhis Court Registry Manual
Requirements
a). Application/pleadings.
b). Verifying adavit.
c). Documents to be relied upon.
d). List of documents.
e). List of surviving heirs.
Procedure
a). Applications are presented at the registry.
b). Verication of documents is done.
c). Assessment of court fees.
d). Issuance of a court fees payment advice.
e). Payment.
f ). Verication of payment.
g). Cause number is issued.
h). Details of the application led are recorded in the register.
i). File is placed before the Kadhi for action.
Refund of Deposits
e process is as follows:
a). Release will be by court order.
b). Presentation of identication document and bank account details.
c). File is retrieved.
d). e le and documents presented are forwarded to Accounts section
for processing.
e). Payment voucher is prepared.
f ). Money is refunded through cheque or EFT.
g). Where an identication document is lost, the claimant should swear
an adavit and attach a copy of the abstract.
h). e Head of Station should, at all times, ensure prompt deposit
refund.
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38 Magistrates and Kadhis Court Registry Manual
48. Execution
e procedures under number 20 (Execution) of this manual shall apply.
For assessment of costs, refer to number 18 of this manual.
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Magistrates and Kadhis Court Registry Manual
PART E. RECORDS MANAGEMENT
Records management is the systematic and eective control of records
(both paper and electronic) throughout their life cycle, from creation or
receipt through to the time of their disposal.
49. Filing
Case les are led in Alpha-Numerical order, which is a combination of
numerals, denoting the case number and year led, and letters, denoting the
classication of the case, as follows:
Criminal: MCCR
Protection and Care: MCP & C
Election Petition: MCEP
Sexual Oences: MCSO
Anti-corruption: MCAC
Civil: MCCC
Children cases: MC Children Case
Criminal Miscellaneous: MCCR Misc
Trac: MCTR
Civil Miscellaneous: MCCC Misc
Probate and Administration: MCP&A
Marriage Registration Cause(Kadhis Court): KMRC
Divorce Causes (Kadhis Court): KCDC
Divorce Registration Cause (Kadhis Court): KDRC
Matrimonial Causes (Kadhis Court): KCMC
Succession (Kadhis): KCSUCC
Miscellaneous Cause (Kadhis Court) : KMC
KEY: MC- Magistrates Court
KC- Kadhis Court
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40 Magistrates and Kadhis Court Registry Manual
a). All correspondence, pleadings and proceedings are numbered
sequentially, including case number, using an indelible ink pen. All
proceedings should be paginated by the judicial ocer.
b). e 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 specications 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.
50. Checklist Before Filing Documents
Ensure the following measures are taken before ling;
a). e document belongs to the le selected.
b). e le reference number on the document corresponds with the case
number of the le.
c). All pages of a multiple page document are present and paginated.
d). All attachments and documents are included and stamped.
All documents led are entered into a minute sheet maintained in every le,
containing details such as the case number, type of document, date and year
led, and signature of the ocer receiving the document.
51. Perusal of Files
a). Request is done in writing.
b). Access to the ling shelves and area is limited to authorized
Judiciary sta and judicial ocers.
c). Members of the public shall be served at designated service
counters.
d). ere shall be a perusal requisition form. (Annexure 3)
e). Perusal is done at a perusal desk after payment of the perusal fees.
f ). Perusal is done under the supervision of Judiciary sta.
g). ere shall be tracer cards, which shall be placed in the pigeonholes
where les have been retrieved, to ease traceability of les.
(Annexure 4)
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Magistrates and Kadhis Court Registry Manual
52. File Movement Register
a). ere shall be maintained le movement registers in each registry.
(Annexure 5)
b). Each court assistant shall have a le control register for recording
movement of les.
c). e information contained in the le movement register is entered
in an electronic system, as a backup and for ease of tracking records.
53. Bring-up Diary
a). e registry and archives shall maintain bring-up records by the use
of a desk diary, with a space for each day.
b). File users must indicate the need for and details of any ‘bring-up’
(BU) in writing.
c). Registry and archives sta record the request in the Bring-up diary
under the appropriate date.
d). Each day, the member of the registry sta 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 in the movement register and tracer card, the les
dispatched to the relevant ocers the next working day.
(iv). If a le due for BU is not in the registry, then the registry sta
must locate it, using the tracer cards and movement register.
(v). If the le is already being used by the ocer who has
requested it, or by another ocer, it is the responsibility of the
ocer in charge of the registry/archives to notify the ocer(s)
and coordinate action between them.
54. Reproduction of Records
Reproduction of records involves photocopying, scanning, etc.
a). Request made in advance, in writing.
b). Requisite court fee is assessed and paid.
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42 Magistrates and Kadhis Court Registry Manual
55. Accessioning of Archive Files
Accessioning is the process of the court archives acquiring les of concluded
cases from the registries.
ere shall be an accessioning register kept at the archives, with the
following entries:
Case
No.
Creating
Registry/
Court
Name of
Person
Receiving
File
Date
Received
Final
Orders
and Date
in File
Disposal/Retention
Period
Remarks
a). Worn out le covers and documents shall be replaced before ling.
b). Accessioned les are led in their respective pigeons/shelves in
appropriate series, according to the registry of origin, and the order
of their creation.
c). Only authorized sta should handle archive les
56. Custody and Safety of Files
a). Files shall be stored in appropriate ling shelves and storage
cabinets, in areas devoid of humidity and pests. e areas should
have controlled temperature.
b). Active les shall be stored in the registry, semi-active les in the
record center and les for permanent preservation in the archives.
c). Access to storage areas is limited to authorized personnel only.
d). All requests shall be made in writing.
e). Lighting of matches, smoking and storage of inammable materials
or cleaning solutions in the registry/archives is strictly prohibited.
f ). ere shall be smoke detectors and carbon dioxide re extinguishers
in all registries and archives, which shall be inspected regularly.
g). ere shall be frequent inspection of records storage areas by the
Head of Station to ensure that water leakage, if any, is traced in time
and repaired to prevent damage.
h). Fumigation of registries and archives shall be done at least once
every six (6) months.
i). Records shall be protected from direct sunlight.
j). No food or drink shall be consumed at a registry where les are
processed.
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Magistrates and Kadhis Court Registry Manual
k). Electrical equipment must be switched o at the end of the day.
l). ere shall be a disaster preparedness plan.
m). Regular re and disaster drills shall be conducted.
e Head of Station may create restricted storage facilities for les
considered sensitive. A judicial ocer may, based on the circumstances of a
given case, order that the case le be stored in the restricted area.
57. File Audit
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.
Procedure
a). Carry out le audits quarterly. If no discrepancies are found, the
frequency of le audits can be reduced.
b). Once every quarter, a designated registry ocer shall conduct a
census of all les in custody of all registry ocers, to ascertain
number of les held by each ocer.
c). All les not being used by the concerned ocer are returned to the
registry immediately.
d). e 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 magistrate who made the decision.
e). e ndings of the Audit and all action points shall be presented to
the Head of Station.
58. Tracing and Reconstruction of Missing Files
ere shall be maintained a register of missing les, with the following entries:
File
No.
Parties Date Reported
Missing
Last conrmed
Location
Last Action Ocer Date
Recovered
Remarks.
If a le is missing, the registry will take the following steps:
a). e ocer in charge of the registry checks the le movement
register to identify the person in whose possession the le was last,
as recorded. e ocer in charge then instructs him/her to trace the
le.
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44 Magistrates and Kadhis Court Registry Manual
b). If the le is not traced, the ocer in charge of the registry circulates
a memo to all sta 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 ocer in charge will notify the Head of Station.
c). e Head of Station then initiates a special search.
d). If the le is not traced after this rst search, the ocer in charge of
the registry writes the words ‘Original le missing’, in red colour, on
the relevant case register.
e). e ocer in charge of the registry then enters the details of the
missing le in the register of missing les.
f ). If within 14 days the le is not found, the Head of Station issues
a conrmation in writing conrming the loss and authorizing the
reconstruction of the le.
g). Parties are notied.
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 Head of Station within 24 hours of its tracing.
i). e le, once traced, is merged with any skeleton le that may have
been opened.
59. 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 by the Head of Station 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’.
60. Disposal of Records
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
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Magistrates and Kadhis Court Registry Manual
areas or rooms the records are kept in, conditions of storage, formats of
records (paper or electronic), physical characteristics, e.g., maps, sketch
plans, etc., and a report made on these observations.
Criteria for determining records that may be disposed/ destroyed.
No. Description of Records Period after which the records
may be destroyed
1. All records rendered illegible or useless by climate,
insects, re or water.
At once.
2. 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.
12 years from date of judgment or
nal order.
3. 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.
3 Years from date of judgment or
nal order.
4. - Police reports of death and Inquest records.
- Miscellaneous police reports.
- Reports of railway accidents.
3 Years from date of preparation.
5. Judicial returns from Magistrates Courts 3 Years from date of preparation.
6. Books of accounts lodged in bankruptcy proceedings,
where a discharge was granted.
3 Years from date of discharge.
7. Miscellaneous correspondence regarding dates of
trial, service of summons, execution of warrants,
transfer of proceedings, attendance of witnesses and
related correspondence.
3 Years from date of
correspondence.
8. Books of account and miscellaneous documents,
other than records relating to estates of deceased
persons, which have been distributed and accounts
audited.
3 Years from date of audit.
9. Books of account lodged in connection with
bankruptcy proceedings.
12 Years from date of
adjudication.
(Source: Records Disposal Act, Cap 14 Laws of Kenya)
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46 Magistrates and Kadhis Court Registry Manual
61. 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). e audit is guided by a well maintained bring- up register.
c). e case les identied for disposal are then listed.
d). A draft gazette notice is then prepared for case les destined for
disposal and submitted to the Chief Justice or other designated
ocer to facilitate gazettement and publication.
e). e 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/
kadhi or any other authorized ocer. e said ocer 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 Certicate of
Destruction as per the Form in annexure 6.
k). A register is maintained in the archives of all records destroyed as
per the Certicates of Destruction submitted. e register shall
contain particulars of the records disposed, the date authority of
disposal was granted by the Chief Justice, the date of destruction,
and the date of the certicate of destruction.
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62. Typing and Issuance of Proceedings
ere shall be maintained a typing register, with the following entries:
Case
No.
Trial
Magistrate
No. of
Hand
Written
Pages
Ocer
Allocated
No. of
Typed
Pages
Date
Allocated
Date
Returned
by Typist
Date
Taken
to Proof
Reader
Name
of
Proof
Reader
Date
Returned
by Proof
Reader
Remarks
a). ere shall be a typing and proofreading pool at every court registry.
b). ere shall be continuous typing of proceedings by the oce
administrative assistant attached to respective judicial ocers.
c). Request for proceedings shall be done in writing.
d). e request shall be recorded in the proceedings register.
e). Assessment of fees.
f ). Issuance of court fees payment advice.
g). Payment of deposit.
h). Verication of payment.
i). e le shall be allocated to an oce administrative assistant for
action.
j). e le shall be allocated to an ocer for proofreading.
k). e proofread draft is returned to the oce administrative assistant
for necessary corrections, if any.
l). e applicant is notied that the proceedings are ready and advised
on the balance payable.
m). Balance is paid as per the laid down procedures.
n). e proceedings shall be certied by the trial magistrate/kadhi or
duty court.
o). e proceedings shall be released to the applicant, who will
acknowledge receipt of the same.
63. Preparation of Records of Appeal
a). A written request is received from the Deputy Registrar, High
Court.
b). Proceedings are typed and proofread.
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48 Magistrates and Kadhis Court Registry Manual
c). e record of appeal is prepared, which contains:
(i). List of contents.
(ii). Charge Sheet.
(iii). Certied copies of proceedings and judgment.
(iv). List of witnesses.
(v). List of exhibits.
d). e record of appeal, together with the original record, is forwarded
to the High Court.
e). A skeleton le is opened and retained in the lower court.
f ). e le is recorded in the appeals register, with the following
entries:
Case
No.
Parties Date of
Request
Date
Submitted
Proof of Transfer,
e.g., Courier No.
Person
Receiving
Remarks
a). When a le is being forwarded to the High Court, there will be a
forwarding letter.
b). e person receiving the les must acknowledge receipt of the le
and the record of appeal.
64. Handling of Ocial Mail
Mail is categorized into in-coming and out-going mail.
a). Incoming mail is received through Post Oce, courier, by a runner,
and e-mail.
b). Every station shall maintain the ocial email address provided by
the Judiciary.
c). Mail received through Courier services is signed for by the receiving
ocer.
d). e plastic bag containing the mail is opened and the contents are
noted before the Courier service ocer leaves.
e). e internal mail or mail from outside is delivered to the ocer
concerned by an oce assistant.
f ). e details of the mail are entered in the GP. 54 Delivery Book.
g). e receiving ocer signs in the delivery book upon receipt.
h). Mail shall be opened by the Head of Station or an ocer designated
by him/her.
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Magistrates and Kadhis Court Registry Manual
i). All incoming mail shall be date stamped with the ocial receiving
stamp, which shall indicate the date of receipt and the action ocer.
j). All incoming mail is entered in an incoming mail register by a
designated registry ocer. (Annexure 7)
k). All out-going mail is entered in an outgoing mail register by a
designated registry ocer. (Annexure 8)
l). All mail requiring a response must be replied to as soon as possible
but in any case, not more than seven (7) days from the date of
receipt.
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50 Magistrates and Kadhis Court Registry Manual
PART F. EXHIBITS
ere shall be an exhibits store, with an ocer in charge and an exhibits
register maintained, with the following entries:
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
Returned To/
Collected By
(name, ID No.
& Date)
Remarks
a). All exhibits should be tagged and given a serial number.
b). All money exhibits should have their denominations and serial
numbers recorded.
c). Every court assistant must maintain a list of exhibits in the case le,
with the following entries:
P/DMFI
No.
Description of
Exhibit
Exhibit No. Produced By
(Witness)
Date
a). Every court assistant shall maintain an exhibit register.
b). Documentary exhibits should be stored in resealable envelopes.
65. Disposal of Exhibits
a). Exhibits shall be released in accordance with a court order.
b). In criminal trial, exhibits shall be released 14 days after conclusion
of trial, if no appeal is preferred.
c). In civil cases, the exhibits are released after 30 days, if no appeal is
preferred.
d). Release of exhibits shall be recorded in the exhibits register.
e). e applicant must produce identication documents and sign for
the same.
f ). Depending on the orders of the court, the exhibit(s) shall be stored
appropriately.
g). Other exhibits, which cannot be brought to court, will be disposed
of as directed by the judicial ocer.
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66. Perishables
a). Perishable exhibits are disposed of on the date of plea and a
Certicate of Destruction/ disposal placed in the court le, awaiting
hearing and determination of the case.
b). 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.
67. Drugs and Substances
Where the exhibit is a drug or psychotropic substance, it shall be destroyed
in accordance with the law.
68. Forfeited Exhibits
a). e trial court shall make an order for the disposal of the exhibit.
b). e court order is extracted by the ocer in charge 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). e proceeds of the sale revert to the state.
e). Exhibits forfeited to the state should be disposed of in accordance
with the order of the court.
69. Custody of Unclaimed Property
Procedure
a). Receipt of property inventory form from the police.
b). File is opened and details recorded in the register, with the
following entries:
Date File No. Police Station Description of
Property
Orders Issued
and Date
Remarks
a). e le is placed before the magistrate for orders.
b). A notice of description of the unclaimed property is prepared.
c). e notice is posted on the court’s notice board and served to the
police.
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52 Magistrates and Kadhis Court Registry Manual
PART G. ASSESSMENT OF COURT FEES
Court fees constitute one of the sources of government revenue.
e rules pertaining to court fees assessment are found in Part IX of
the Judicature Act Cap 8 Laws of Kenya, Marriage Rules 2014 and the
schedules to the various statutes. Assessment of court fees is based on the
Guide to Assessment of Court Fees Revised Edition, 1995 (or as may be
amended from time to time).
ere are various categories of court fees, such as:
(i). Court Adjournment Fees (CAF)
(ii). Further Court Fees (FCF)
(iii). Court Collection Fees (CCF)-In case of deposits and
execution of warrants by auctioneers.
(iv) Fees on miscellaneous matters.
(v) Marriage and divorce registration fees for Kadhis Court.
(vi) Court Filing Fees.
a). Court fee 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 and the provisions of
Order 33 of the Civil Procedure Rules, in case of paupers.
c). Court fee is payable in other miscellaneous matters relating to
brokers licenses, court library membership and renting of lockers for
use by advocates.
d). In civil matters, there are two categories of court fees; fees on
liquidated claims and fees on non-liquidated claims (claims for
other reliefs or unspecied amounts of money).
e). No decree or order shall be issued by the registry without payment
of further court fees in case of non-liquidated claims.
70. Calculation of Fees for Liquidated Claims
a). A court fees certicate shall be completed and signed by the court
administrators before a decree or order is signed and issued.
b). Court fee is non-refundable, except in cases where it has been
wrongly assessed.
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71. Contention of Court Fees
Where the assessed court fees is contested, 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 over assessed fees, if any, shall be made.
f ). In the event that the party is still dissatised, the le shall be
referred to the magistrate for determination and the order shall be
nal.
g). A fee of Kshs.100/= is payable upon ling a written protest. e fee
is refundable in case of a successful protest.
72. Fees on General Damages
a). General damages are those whose claim cannot be estimated at a
monetary value by the parties and at the registry. e fee for such
claims is as per the Fees Assessment Guide.
b). e actual fee 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.
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54 Magistrates and Kadhis Court Registry Manual
e following is the simplied fees schedule of commonly levied charges.
is schedule, however, is not exhaustive. Comprehensive guidelines are to
be found in the relevant Acts of Parliament.
73. Simplied Fees Schedule
S/NO. KEY DOCUMENTS/PROCESS AMOUNT
(KSH)
1. Plaint (Unliquidated) Taking Particulars of Plaint 100
Filing of the Plaint 1500
Verifying Adavit 75
List of Witnesses 75
List of Documents 75
Each Annexure 10
Summons to Enter Appearance (each) 50
2. Plaint (Liquidated) Ksh.
5,000 and above
(Specied amount – 5,000) x 5 + 730
100
Example
(100,000 – 5,000) × 5 +730 = 5,480
100
Below 5,000 (as per annexure 9)
3. Defence Memorandum of Appearance 75
Statement of Defence 75
Statement of Admission 75
List of Witnesses 75
List of Documents 75
Each Annexure 10
4. Counter Claim Unliquidated as per 1 above
Liquidated as per 2 above
Verifying Adavit 75
5. Reply to Defence 75
6. Defence to counter claim 75
7. Applications Certicate of Urgency 75
Notice of Motion 250
Notice of Motion/Miscellaneous
Application /Chamber Summons
250
Application for Injunction 1500
Order 150
8. Request for judgment 250
Adavits of Service 75
9. Hearings & Mentions Listing 150
CAF (Full Hearing) 400
CAF (Application) 200
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S/NO. KEY DOCUMENTS/PROCESS AMOUNT
(KSH)
Scene Visits 400
10. Applications for
Execution
Decree 150
Certicate 100
Notice to Show Cause 50
Warrant of Arrest 50
Warrant of Attachment 50
Proclamation 50
Warrant of Sale 50
Return of Warrant 75
Notice of Sale 75
11. Attestation 75
12 Certication (Per page) 30
13. Commissioning 50
14. Typing (Per page) 30
15. Photocopying (Per page) 10
16. P & A 80 (Petition) 500
17. P & A 5 (Adavit per
administrator)
150
18. P & A 12 (Adavit per
administrator)
150
19. P & A 57 (Guarantors/
surety)
600
20. Form 38 (Consent) 150
21. Order 200
22. Death Certicate 75
23. Chief ’s letter 75
24. Prove of ownership of
asset
Each 75
25. Filing of objection 750
In addition to the above, the following fees are chargeable in Kadhis Courts
S/NO AMOUNT (KSHS)
1. Solemnization of marriage 2,000
2. Issuance of Marriage Certicate 500
3. Issuance of Certied Copy of Marriage Certicate 600
4. Commissioning of Adavit (Marriage) 200
5. Issuance of Divorce Certicates 500
6. Amendment of Marriage Record 200
7. Registration of foreign marriage 1000
NB: is guide is not exhaustive. Comprehensive guidelines to be
found in the relevant Acts of Parliament.
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56 Magistrates and Kadhis Court Registry Manual
ANNEXURES
Annexure 1
REPUBLIC OF KENYA
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
CASH BAIL/DEPOSIT PAYMENT ADVICE NOTE
The Applicant/Bank Cashier
RE: CASE NO. ...................................... OF ........................................
PAYEE NAME .................................................................................................
..........................................................................................................................
Please collect court fees as herein under in the above matters
Account NO. ................................................
Account Name: ................................................
KSH ......................................................................... CTS .....................
SIGNATURE OF AUTHORIZED OFFICER DATE
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Annexure 2
REPUBLIC OF KENYA
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
COURT FEES/FINES PAYMENT ADVICE NOTE
The Applicant/Bank Cashier
RE: CASE NO. ...................................... OF .......................................
PAYEE NAME .................................................................................................
..........................................................................................................................
Please collect court fees as herein under in the above matters
Account NO. ..............................
Account Name ..............................
KSH ........................................ CTS ..................................................
SIGNATURE OF AUTHORIZED OFFICER DATE
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58 Magistrates and Kadhis Court Registry Manual
Annexure 3
Perusal Requisition Form
REPUBLIC OF KENYA
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
PERUSAL REQUISITION FORM
CASE NO. ........................................................................................................
DATE ......... .......................................................................................................
PLAINTIFF ......................................................................................................
DEFENDANT ..................................................................................................
PARTY/ADVOCATE REQUESTING FOR FILE ...........................................
..........................................................................................................................
..........................................................................................................................
SIGNATURE ....................................... ......... DATE ........................................
OFFICER IN CHARGE APPROVED/NOT APPROVED
Remarks ............................................................................................................
..........................................................................................................................
SIGNATURE ....................................... ......... DATE ........................................
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Annexure 4
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT
AT…………………………………….………..
FILE TRACER CARD
CASE FILE NO.: ……………………………..
S/
NO
DATE Name & PJ
No. of Person
Retrieving
Reason for
Retrieval (Eg. P
– for perusal)
Receiving
Court/Oce
Date
Returned
Remarks
KEY
HG – Hearing M – Mention D – Directions
P – Perusal T – Typing DO – Decree/Order
FD – Fixing Date FP – Filing of Pleadings
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Annexure 5
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
File Movement Register
CASE
NO.
NAME OF
PERSON
RECEIVING
FILE
PJ. NO. DATE
REMOVED
&
PURPOSE
SIGN DATE
RETURNED
REMARKS
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Annexure 6
Certicate of Destruction of Exhibits
REPUBLIC OF KENYA
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
CERTIFICATE OF DESTRUCTION OF EXHIBITS
CASE NO........................................................................................................................
DESCRIPTION OF EXHIBIT .......................................................................................
QUANTITY ....................................................................................................................
METHOD OF DESTRUCTION.....................................................................................
This is to certify that the aforementioned exhibits were destroyed on this ............. day
of.................. 20.................... as prescribed by the Law.
Before ..............................................................................................................................
at ......................................................................................................................................
.........................................................................................................................................
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62 Magistrates and Kadhis Court Registry Manual
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
MAGISTRATE/KADHI DATE
Destruction witnessed by
1. Name .........................................
Designation ...............................
Signature............................. ...... DATE .........................................
2. Name .........................................
Designation ...............................
Signature..................................... DATE .........................................
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Annexure 7
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
Incoming Mail Register
DATE
RECEIVED
FROM
(SENDER)
SUBJECT FILE REF/
CASE NO.
SIGNATURE RECEIPT
(In case of Postal
Orders, cheques etc.)
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Annexure 8
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
Outgoing Mail Register
DATE
RECEIVED
FROM
(SECTION)
SUBJECT FILE REF/
CASE NO.
SIGNATURE DATE
DISPATCHED
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Annexure 9
Table of Court Fees on Plaint Less than Kshs.5,000
Amount Claimed Requisite Fees
Kshs. Cts. Kshs Cts. Kshs Cts
From 1 00 To 100 00 50 00
” 100 01 ” 200 00 70 00
” 200 01 ” 300 00 90 00
” 300 01 ” 400 00 110 00
” 400 01 ” 500 00 130 00
” 500 01 ” 600 00 150 00
” 600 01 ” 700 00 170 00
” 700 01 ” 800 00 190 00
” 800 01 ” 900 00 210 00
” 900 01 ” 1,000 00 230 00
” 1,000 01 ” 1,100 00 250 00
” 1,100 01 ” 1,200 00 270 00
” 1,200 01 ” 1,300 00 290 00
” 1,300 01 ” 1,400 00 310 00
” 1,400 01 ” 1,500 00 330 00
” 1,500 01 ” 1,600 00 350 00
” 1,600 01 ” 1,700 00 370 00
” 1,700 01 ” 1,800 00 390 00
” 1,800 01 ” 1,900 00 410 00
” 1,900 01 ” 2,000 00 430 00
” 2,000 01 ” 2,100 00 440 00
” 2,100 01 ” 2,200 00 450 00
” 2,200 01 ” 2,300 00 460 00
” 2,300 01 ” 2,400 00 470 00
” 2,400 01 ” 2,500 00 480 00
” 2500 01 ” 2,600 00 490 00
” 2,600 01 ” 2,700 00 500 00
” 2,700 01 ” 2,800 00 510 00
” 2,800 01 ” 2,900 00 520 00
” 2,900 01 ” 3,000 00 530 00
” 3,000 01 ” 3,100 00 540 00
” 3,100 01 ” 3,200 00 550 00
” 3,200 01 ” 3,300 00 560 00
” 3300 01 ” 3,400 00 570 00
” 3,400 01 ” 3,500 00 580 00
” 3,500 01 ” 3,600 00 590 00
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” 3,600 01 ” 3,700 00 600 00
” 3,700 01 ” 3,800 00 610 00
” 3,800 01 ” 3,900 00 620 00
” 3,900 01 ” 4,000 00 630 00
” 4,000 01 ” 4,100 00 640 00
” 4,100 01 ” 4,200 00 650 00
” 4,200 01 ” 4,300 00 660 00
” 4,300 01 ” 4,400 00 670 00
” 4,400 01 ” 4,500 00 680 00
” 4,500 01 ” 4,600 00 690 00
” 4,600 01 ” 4,700 00 700 00
” 4,700 01 ” 4,800 00 710 00
” 4,800 01 ” 4,900 00 720 00
” 4,900 01 ” 5,000 00 730 00
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