The Judiciary has initiated a formal process to destroy decades-old court records in two cities, citing the Records Disposal (Court) Rules as part of routine archiving and file management procedures.
The move, as stated in the gazette notices dated April 30, affects files from the Milimani Commercial Courts in Nairobi and the Chief Magistrate’s Courts in Eldoret.
According to the notice, the Judiciary has authorized the intended destruction of court records that are no longer required for legal or administrative purposes, provided that the mandatory retention period has lapsed and no objections are raised within the stipulated notice period.
Nairobi and Eldoret Records Targeted for Destruction
In Nairobi, the Chief Magistrate’s Court at Milimani Commercial Courts has indicated plans to dispose of court files after giving the public a three-month notice period.
The records listed for destruction include civil miscellaneous cases from 1999 to 2012 and Rent Tribunal cases from 2015 to 2023.
The Judiciary has also made it clear that a comprehensive list of all affected files is available for public inspection at the Milimani Chief Magistrate’s Court registry.
“A comprehensive list of all condemned records that qualify to be disposed of under the Act can be obtained and perused at the Chief Magistrate’s Court, Milimani Commercial, Nairobi, read the notice.
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Members of the public who may wish to recover exhibits or claim an interest in any of the listed cases have been advised to do so within the notice period before destruction is carried out.
The Chief Magistrate’s Court in Eldoret will also go through the same process, where the records slated for disposal include criminal cases from 2017 to 2021, traffic cases from 2020 to 2023, and miscellaneous cases from 2015 to 2023.
As with Nairobi, the Eldoret notice provides a window for any interested parties to claim exhibits or records before they are permanently destroyed.
The records disposal process is governed by strict legal provisions requiring unclaimed exhibits to be included on the destruction list once the notice period has lapsed.
Judiciary Outlines Safeguards Before Records Disposal
The destruction process will proceed after the expiry of the three-month notice period, unless valid claims or objections are lodged in accordance with court procedures.
Once the notice period lapses, the court registries will review any objections submitted and verify claims for exhibits or files by parties with a demonstrable legal interest.
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Only records confirmed to have exceeded the statutory retention period, and which are not subject to pending appeals, reviews, audits, or enforcement proceedings, will be approved for destruction.
Judicial officers and staff are required to document the process, including an inventory of disposed files and the method used, to ensure accountability and compliance with the Records Disposal (Court) Rules.
The Judiciary has stated that the exercise is supervised internally and conducted in a manner that protects confidentiality and public trust, with safeguards to prevent the loss of records that may still be required for legal reference, historical value, or administrative verification.
“All exhibits to which no claim is substantiated before the destruction of the records shall, under section 4, be deemed to be part of the records for the purposes of destruction, stated the Judiciary.
