Kenyans are starting this month paying more than double for some court services after the Judiciary revised its fees, raising the cost of litigation.
The new fees schedule published by Chief Justice Martha Koome, which took effect on September 1, shows that a number of costs have been introduced, including charges for lodging of documents.
Filing of any type of application at the High Court except on criminal matters now costs Sh1,500 up from Sh750.
Registration of arbitration awards related to disputes at the Environment and Lands Court now costs Sh10,100, up from Sh2,250.
“The new fees will only make it difficult for many people access Justice. The move is working against what we in the justice system have been fighting for all along — access to justice and expeditious disposal of cases,” said Bernhard Ng’etich, a Law Society of Kenya (LSK) council member.
The fees review comes in the wake of a marginal cut on the Judiciary’s 2021/22 budget to Sh17.9 billion from Sh18.1 billion in the previous financial year.
BUDGETARY CONSTRAINTS
The Judiciary has previously taken issue with budgetary constraints which it said affected efficient delivery of service.
Under the revised fees schedule, court library membership and annual subscription has been raised from Sh500 to Sh1,000 and a Sh500 charge introduced for notaries public annual renewal.
At the magistrate’s court, the fees for applications and affidavits have, however, been retained at Sh1,000.
The application fee for filing applications on criminal matters remains at Sh500 at the High Court and Sh485 at the lower court.
At the Anti-corruption and Economic Crimes division, Justice Koome has introduced a fee of Sh450 for filing a notice of appeal to the Court of Appeal. She has also introduced a fee of Sh1,500 for court collection fees on deposits and security for costs.
For commercial and tax cases filed at the High Court, the CJ has introduced a fee of Sh1,550 for any appeal or review from subordinate courts and tribunals. She has also introduced a fee of Sh100 for filing of response for income tax appeals – statement of facts.
Litigants filing cases in the High Court now face a new minimum fee of Sh2,000 for an unliquidated claim, originating summons, or counterclaim. Further court fees will be paid based on the amount awarded upon determination of the case.
In addition, Justice Koome has introduced a fee of Sh300 for filing of a response to the bill of costs.
The fees for instituting a private prosecution at the High Court remains at Sh5,000 while at the lower court it has been set at Sh1,485.
The Judiciary plans to hire more staff and automate its services as part of reforms to boost efficiency.
Justice Koome last month said 50 magistrates will be hired this September in a bid to speed up the wheels of justice.
She said the Judicial Service Commission (JSC) will also make efforts to employ more judges, especially after six judges were recently elevated to the Court of Appeal.
The CJ at the same time called on Kenyans to embrace alternative dispute resolution methods.
“We also need a multi-door approach like the use of Alternative Dispute Resolution and Court Annexed Mediation to offload cases from the courts,” Justice Koome said during a meeting with the principal and presiding judges of the High Court.
In June, President Uhuru Kenyatta swore in 34 judges and rejected six others from the list recommended by the JSC over integrity issues. Four of those rejected are High Court judges while two of them were magistrates, who had been elevated to the High Court.
Justice Koome, who was appointed CJ in May, has placed clearing the case backlog top of her priority list.
Records show that the Commercial and Tax Division, which had 7,497 cases as of June 30, 2020, cleared 3,744 while 2,315 new ones were filed, leaving a caseload of 6,038 as of June 30 this year.
In the Family Division, 1,556 cases were resolved out of 4,519, with an additional 2,621 new cases filed, while in the Civil Division, 1,869 cases were finalised over the same period out of 6,867, with an extra 1,979 new cases lodged.
At the Anti-Corruption and Economic Crimes Division, there were 190 cases pending as of June 30, 2020, with 75 resolved by June while 62 new ones filed over the same period.
In the Judicial Review Division, 276 out of 1,153 cases were resolved, with another 342 filed over the same period, while 397 cases were resolved in the Criminal Division 397 out of 1,628, with another 918 cases filed.