Kenyans have been given a final 90-day window to claim old court records after the Judiciary announced plans to destroy files across three courts.
In a public notice published in the Kenya Gazette on June 26, 2026, the Judiciary confirmed that the Thika, Kwale, and Isiolo law courts will dispose of old files under the Records Disposal (Courts) Rules, setting in motion a process that could result in records dating back more than three decades being permanently erased.
The Records Disposal (Courts) Rules allow courts to dispose of files that are no longer required for administrative purposes after issuing public notice.
The rules require that records be listed, and the public be given a defined period to inspect or claim documents before destruction proceeds.
Final Window to Claim Court Records
The affected files span a wide range of cases, including civil, criminal, and traffic matters that courts say are no longer required for administrative purposes.
In Thika, the files marked for destruction include civil cases filed between 1995 and 1999, some of which are now over 30 years old.
Kwale Law Courts will dispose of criminal cases handled between 2016 and 2019, as well as traffic cases from 2018 to 2019.
Isiolo Law Courts have also listed criminal files dating from 2007 to 2015.
During the notice period, affected parties may visit court registries to verify case details, inspect files, and collect exhibits or certified copies of documents.
After the expiry of the 90-day period, registrars are authorized to proceed with the destruction of the listed records, provided no valid claims or objections have been filed.
The Judiciary carries out the exercise, citing it as necessary to improve efficiency in court operations.
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It argues that many registries are overwhelmed by decades-old files, some of which are stored in overcrowded and sometimes unsafe conditions.
Clearing obsolete records, they say, will free up space and improve access to active case files.
Kenya’s courts have been grappling with a backlog and storage constraints for years, as physical record-keeping systems struggle to keep pace with growing caseloads.
By destroying records deemed obsolete, the Judiciary says it can streamline operations and better manage current cases.
Kenyans’ Right to Access Court Records
Article 35 of the Constitution guarantees every citizen the right to access information held by the State, including court records.
It also allows access to information held by another person where required to protect a right or fundamental freedom.
The State is further obligated to publish and publicize important information affecting the nation.
In the context of the Judiciary, court files and proceedings are public records, meaning individuals have a constitutional right to inspect and obtain them.
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However, this access must operate within the law, and authorities may regulate the handling, retention, or disposal of records, provided that due process is followed and the public is given proper notice before any action is taken.
Judiciary’s Digital Transformation
The disposal exercise also comes as the Judiciary continues to reduce its reliance on paper records through an ongoing digitization program.
Kenya introduced electronic filing in Nairobi in July 2020 before progressively expanding the system to other court stations.
In March 2024, Chief Justice Martha Koome launched the nationwide rollout of the Judiciary’s electronic filing system, together with a Data Tracking Dashboard and Causelist Portal, marking the transition to digital case management across all courts.
The system enables litigants and advocates to file cases electronically, pay court fees online, access court documents, and track the progress of cases without visiting court registries.
The Judiciary has said the initiative is intended to improve efficiency, reduce paperwork and enhance access to justice.
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