Mwilu hints physical court sessions may soon resume

The Judiciary is considering fully resuming operations with acting Chief Justice saying courts cannot remain closed to physical hearings much longer.

Speaking during the annual High Court judges’ colloquium in Mombasa, Justice Mwilu said schools at all levels have opened, while churches, mosques and other places of worship have resumed fully.

The DCJ said a great number of judges are yet to start proper hearings.

“Witnesses are yet not being heard in many of our court stations, physically or even virtually. On this, my friends, something has to give. For how long shall we remain behind closed doors when everywhere else is open? I have no doubt myself that this requires our very serious collective consideration,” she said.

The DCJ reminded judges that the Judiciary was part of the society, “We attend funerals, weddings and other social events”.

The Judiciary scaled down its activities in the wake of confirmation of the first case of coronavirus in the country, in March last year. Former Chief Justice David Maraga later launched e-filing and virtual hearings, which courts adopted to speed up hearings.

Some judges and magistrates have resumed open court sessions after they were given guidelines by the Ministry of Health and National Council for the Administration of Justice.

Justice Mwilu said the Judiciary remained committed to keeping its staff safe by providing masks and sanitisers, and keeping all court users safe within court precincts through adherence to ministry of health guidelines and protocols.

“The courts are also doing their part in regard to the wider justice sector Covid-19 strategy by increasing the use of alternatives to pre-trial detention and imprisonment to support decongestion of detention facilities as well as enhancing avenues for diversion of matters such as through alternative dispute resolution and alternative justice system,” she said.