Cabinet backs Bill giving CJ more say in civil cases

Cabinet has approved a Bill that seeks to expand the scope of civil disputes that lower courts can handle in a bid to ease congestion in the High Court.

The proposed law gives the Chief Justice powers to revise the jurisdiction of the lower courts depending on the prevailing economic conditions, removing the need for legislative changes now and then.

“Cabinet approved the Magistrates Courts Bill which seeks to empower and give higher jurisdiction over civil matters including civil and labour disputes to the Magistrate Courts countrywide, unlike before,” a Cabinet press statement read.

If Parliament passes the Bill, magistrates will arbitrate in disputes involving up to Sh7 million unlike the current situation where they are restricted to those involving Sh3 million and below.

The Bill proposes cases involving more than Sh7 million will be handled by High Court except where the Chief Justice assigns them to the lower courts.

The Bill aims to repeal the Magistrates’ Court Act which limited the value of cases handled by chief magistrates to Sh500,000, principal magistrates Sh300,000 and resident magistrates Sh100,000.

However, the Act provided for the Chief Justice to increase the jurisdiction through a gazette notice to between Sh500,000 and Sh3 million for the cadres.

The Bill approved by cabinet gives jurisdiction to lower courts to hear and determine disputes relating to marriage, divorce, maintenance, dowry or pregnancy of unmarried women and violation of human rights including labour rights and succession cases where one dies without a written will.

The Bill seeks to give effect to Articles 23(2) and 169(1) (a) and (2) of the Constitution to confer jurisdiction, functions and powers to the magistrate’s courts.
The expansion of the jurisdiction of magistrates is expected to reduce clogging of cases at the High Court.

There has been a build-up of cases since last year when 98 judges and magistrates were appointed to hear and determine election petition.

Kenya has recently sought to reduce backlog of cases dating back three decades by appointing more Judiciary staff.

The government has also sought to promote alternative dispute resolution with the establishment of the Nairobi Centre for International Arbitration.

The centre will boost Nairobi’s bid to become a global financial services hub, a quest that has been undermined by Kenya’s slow court processes.

The cabinet also approved the Transfer of Prisoners Bill 2014, which would provide for treaties and agreements where other countries with Kenyans serving prison sentences could be transferred to complete their jail terms in Kenya and the vice versa.