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14 January 2022

Kenya Government Gazette dated 2022-01-14 number 7

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SPECIAL ISSUE




              THE KENYA GAZETTE
                                        Published by Authority of the Republic of Kenya
                                                       (Registered as a Newspaper at the G.P.O.)


Vol. CXXIV—No. 7                                    NAIROBI, 14th January, 2022                                                     Price Sh. 60

GAZETTE NOTICE NO. 189                                                         Court fees
                 THE CONSTITUTION OF KENYA                                          5. (a) Court Fees Schedule as published from time to time shall
                                                                                       be applicable to proceedings in the High Court.
                      THE JUDICATURE ACT
                                                                                    (b) The registry shall maintain an automated fee assessment
                                (Cap. 8)                                                system to facilitate e-payment of all forms of court fees.
                   THE CIVIL PROCEDURE ACT                                          (c) Where court fees is payable, it shall be the responsibility of
                               (Cap. 21)                                                each party to ensure correct fees is paid in the prescribed
                                                                                        manner. In the event fees is not correctly assessed and paid,
   HIGH COURT (ORGANIZATION AND ADMINISTRATION)                                         the party shall be notified and requested to pay the additional
                     ACT, 2015                                                          fees.
PRACTICE DIRECTIONS TO STANDARDIZE PRACTICE AND PROCEDURES                          (d) The Procedure on payment of fines and refund of deposits is
                     IN THE HIGH COURT                                                  outlined in the Registry Operations and Procedures Manual.
                                                                                        An offline payment solution shall be applied when the e-
    IN EXERCISE of the powers conferred under Articles 159 (2) and                      payment system is not responsive.
161 (2) (a) of the Constitution of Kenya, section 10 of the Judicature
Act and section 81 (3) of the Civil Procedure Act, and section 39 of           Access to Justice by Vulnerable and Specialized Groups
the High Court (Organization and Administration) Act, the Chief
Justice issues the following practice directions—                                   6. (a) The interests of vulnerable litigants shall be safeguarded in
                                                                                        all Registry and Court proceedings. Vulnerable litigants may
Citation                                                                                include children, persons living with disabilities, elderly,
                                                                                        minorities and marginalized groups, paupers, pregnant
    1. These Practice Directions may be cited as Practice Directions                    women, victims of trauma and persons in custody.
on standardization of Practice & Procedures in the High Court 2021.
                                                                                    (b) An E-Support Centre shall be established in each High Court
Commencement                                                                            station to assist vulnerable litigants to access the ICT
    2. The Practice Directions shall come into force on a date to be                    platform where needed.
determined by the Hon Chief Justice.                                                (c) A pauper litigant may apply to court for waiver of court fees
Application                                                                             as stipulated in the law.

   3. The Practice Directions shall apply to all High Court stations           Alternative Dispute Resolution (ADR)
and Divisions.                                                                      7. (a) The Court shall encourage and facilitate the use of
Objectives                                                                             alternative dispute resolution mechanisms.

   4. The Objectives of the Practice Directions—                                    (b) Parties shall ensure that as far as possible they have
                                                                                        considered alternative means of dispute resolution prior to
     (a) consolidate and standardize practice and procedure in the                      filing cases in Court.
         High Court
                                                                               High Court Recess
     (b) Enhance access to justice;
                                                                                    8. (a) Disposal of matters during recess shall be in accordance
     (c) Facilitate timely and efficient disposal of cases;                             with directions published in the Kenya Gazette by the
                                                                                        Principal Judge.
     (d) Ensure uniformity in court experience;
                                                                                    (b) A party to a matter may apply to the court for an order that
     (e) Promote use of technology in court proceedings for                             such a matter be heard during recess.
         expeditious disposal of cases.


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