- Social workers in children issues have hailed the move as a boost to children seeking justice in courts
- The notice takes effect from November 1
Image: LEAH MUKANGAI
Filing appeals in children matters in superior courts is set to be much easier after Chief Justice Martha Koome scrapped fee required to be paid by litigants.
This means that Kenyans seeking justice from High Court and above will be spared the agony of coughing filing costs and will only worry about their advocacy fees.
The CJ gazetted the development in the latest issue of Kenya Gazette and will take effect from November 1.
“Pursuant to Article 53 (2) of the Constitution of Kenya, 2010, and section 29 (5) (c) of the Children Act, 2022, the Chief Justice, waives court fees on appeals filed in the Superior Courts on children related matters, with effect from November 1, 2023,” the notice reads.
Matters such as appeals arising from child custody proceedings, criminal cases involving children as well as adoption matters will benefit from this development.
The new policy to scrap the appeal filing fees was first mooted in 2021 when it got published in the Court Fees Assessment Schedule which provides fees applicable to the lodging and filing of the respective documents in proceedings before the specified courts and tribunals in Kenya.
The Court Fees Assessment Schedule gives a description of the relevant court documents and corresponding fees as prescribed by various courts and tribunals, for public information and case management purposes.
The CJ, who has made a name in agitating for children rights, has maintained that the aim of the policy is to make access to justice by children to be expeditious without any hinderances.
Social workers have welcomed the development, saying it will make justice more accessible as monetary requirements tend to be a hinderance in seeking justice.
“Child-friendly justice describes justice systems that are designed or adapted to be sensitive to issues faced by children when they come in contact with law and courts for any reason.
In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration,” a commentary published by Mtoto News, a blog by social workers focusing on children issues said.
At the same time, the CJ gazetted appointment of Nickson Wanjau Mwangi as the chair of the Auctioneers Licensing board. He will serve for a term of three years starting from tomorrow, October 23, 2023.
"In exercise of the powers conferred by section 3 (1) (g) of the Auctioneers Act, (Cap. 526 of 1996) laws of Kenya, the Chief Justice appoints Nickson Wanjau Mwangi for the Auctioneers Licensing Board, for a term of three years, with effect from October 23, 2023," the notice reads.