NAIROBI, Kenya, Sep 9 – An article in the press suggesting that the Judiciary has increased fees for filing cases is inaccurate, Chief Justice Martha Koome has explained.
The CJ, who spoke on the Situation Room Thursday morning clarified that the courts were migrating to e-filing, which would in fact make it inexpensive to file cases.
“It’s going to be cheaper as you won’t make separate payments for the documents you file,” she told the Spice FM show.
She pointed out that the new court fee schedule has consolidated the fees for various services, subsequent pleadings, documents and proceedings that were previously charged separately.
“There was misreporting on this issue that we have increased court fees. Court fees are not in the realm of the Chief Justice. It’s a matter done by a dedicated committee of the Law Society of Kenya and the Judiciary and it was rationalized,” she emphasised.
Information from the Judiciary indicates that the new schedule was proposed to provide a streamlined, comprehensive and simplified regime of assessing court fees.
The Chief Registrar of the Judiciary constituted a court fee assessment committee to review the existing legal framework which made recommendations to ensure efficient and effective collection of revenues.
The development of the new court fees schedule involved an extensive stakeholder consultative process.
“The key stakeholders engaged included the Law Society of Kenya and the Court Users Committees. The general public was also engaged by a publication of the proposed court fee schedule in an advertisement carried in the newspapers in August 2020,” the Judiciary says.
The new court fees schedule subsequently published in July 2021 has consolidated the fees to enhance access to justice as court users will easily access information on the fees payable for different services.
“It has facilitated online assessment of court fees and filing of court documents as the Judiciary advances its efforts to automate its processes and procedures. The new court fee schedule has been configured into the Judiciary e-filing system, a platform which is currently in use for online filing of court documents.”
The new court fees schedule enhances access to justice for the most vulnerable members of the society by waiving court fees in respect to cases involving children.
“All pleadings and documents lodged by those in prison are also free. The members of the public who are unable to pay court filing fees have an opportunity to file an application to sue as a pauper free of charge,” the Judiciary says.
To enhance the business environment and improve the ease of doing business in Kenya, the new court fee schedule gives effect to a waiver of court fees in respect to commercial disputes where the value of the suit does not exceed Sh1 million.
In respect to cases involving land at the Environment and Land Court, the fees for filing of unliquidated claims have significantly reduced from a sum of Sh70,000 for general damages and Sh1,500 per prayer sought for to a minimum figure of Sh2,000.
The Constitution obligates the Judiciary to promote alternative dispute resolution especially mediation and the new court fees schedule waives fees for the filing of consents and withdrawal of suits in all courts across the country.
