Judiciary Chief registrar, Anne Amadi has announced the official transition from Local Municipal courts into a unified court system.
This move affects the court located at City Hall.
In the statement released on October 4, 2023, the chief registrar of the Judiciary stated that the repealed Local Government Act had allowed local authorities to erect and maintain court houses dedicated to the enforcement of the Local Governments Act and municipal by-laws
“The promulgation of the Constitution of Kenya 2010 marked a new beginning for the administration of justice in Kenya, with numerous changes aimed at consolidating and enhancing the independence and accountability of the Judiciary as the sole custodian of judicial authority,” the statement reads in part.
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“To realign the system of local authorities that existed before 2010 with the devolved system of government established by the 2010 Constitution, Parliament enacted the County Governments Act which repealed the Local Governments Act,” Amadi stated.
As such, the Local Governments Act instigated that Kenya currently has a unified judicial system consisting of courts established expressly in the Constitution and others to be established by Parliament.
In the press statement, Amadi said County staff no longer enjoy statutory prosecutorial powers, meaning they cannot prosecute offenders in Kenya.
Moreover, prosecutorial powers are only bestowed to the Office of the Director of Public Prosecutions (ODPP), save for instances where the Director of Public Prosecutions delegates authority.
The Judiciary on Fines by County Governments
Anne Amadi noted that the current legal regime requires the Judiciary to remit all revenue, including fines from violation of county laws to the National Treasury.
“There is no framework permitting court fines realized from enforcement of county legislation to be transferred directly to County Governments,” she stated.
Further, the chief registrar said it is unlawful for the County Governments to collect fines exemplifying a Mombasa County case ruling that led to this law being re-enacted.
While mentioning City Hall cases, Amadi noted that the Judiciary directed all court stations to establish special registries for County cases and configured the e-filing and Case Tracking System.
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This is to ensure County matters and the revenue that results from the case fines is followed up on.
“Our recent directive on the initiation of cases at the Court that has been operating at City Hall must be seen in this light,” the directive uttered.
City Hall Court Cases.
Petty cases in the city center including littering, spitting in public, hawking without license, prostitution and muggings have been in the past dealt by the City Hall.
Moreover, the directive by the judiciary seeks to upset this balance.
Consequently, the move to take these cases to Judiciary courts in Milimani has left City Magistrate, Leah Gichera, jobless.
The heart of the dispute between the City Hall court and the Milimani courts has been pegged on the revenue sharing between the two courts.
