CJ Koome defends Judiciary desks at Huduma Centres
Chief Justice Martha Koome has assured the Law Society of Kenya (LSK) of working closely in a bid to strengthen the operating protocols at all Judicial services at Huduma Centres to deter lawyer masqueraders.
Speaking during a meeting with the lawyer's body top officials on Thursday, March 7, 2023, Koome vowed to deal with any person attempting to masquerade as an advocate to avoid exploitation of the public at the assisted filling desks at the Huduma centres.
"I am a firm advocate of the independence of the Bar. I believe that the Bar must not be infiltrated. We can however find mechanisms to secure the integrity of the profession without isolating the poor and indigent," Koome stated.
During the meeting aimed at resolving the grandstanding between the Judiciary and LSK over the plan to avail Judicial services at Huduma Centres, Koome noted that the move complies with a court order issued by the High Court in 2021 to develop initiatives to address the risk of digital exclusion.
The court order had been issued by the High Court in the case pitting Kituo cha Sheria and two others against the Chief Justice, National Council on Administration of Justice (NCAJ) where the Attorney General and LSK were interested parties.
In the decision, the court ordered the Judiciary to develop programmes and initiatives to address the risk of digital exclusion during the rollout of its online filing and virtual hearing programmes.
"The import of this court order that we are trying to comply with is that our use of ICT must be rights-centric and user-friendly to avoid digital exclusion. It is this problem that we are trying to deal with by providing Assisted Filling Desks at Huduma Centres," Koome said.
The CJ further stated that the Judiciary is targeting those unable to use the IT system in court processes.
Koome said the stations will ensure the poor and illiterate self-representing litigants are not left behind.
She said digital exclusion resulting from lack of internet access, low literacy levels and lack of access to computers or other ICT devices is denying many access to justice.
While emphasising the need for the Huduma Centre Desks Koome stated some court users, especially the vulnerable and indigent ones, face barriers in accessing and using the technologies deployed by the courts.
"For example, the 2019 National Census report indicates that only one out of five Kenyans have access to the internet. We cannot afford to leave these indigent and illiterate self-representing litigants behind," the CJ said.
In addition, the CJ made it clear that the Assisted Filling Desks are purely registry services manned by the Judiciary’s registry staff who are under firm instruction to restrict their duties to assist self-represented litigants to upload their pleadings on the e-filling portal.
"Nothing more. Should they engage in drafting or preparing pleadings that would be a violation of the Code of Conduct and disciplinary action would ensue," CJ Koome stated.
Koome said the Judiciary is working to institutionalise a Quarterly Standing Meeting between the Law Society of Kenya (LSK) National Council and the Chief Justice and Judiciary Leadership Team.
According to the CJ, the meetings will be replicated at the court stations country-wide.
"The Judiciary is ready to listen and to work with LSK to implement and enforce measures that will go a long way in strengthening operations of the Huduma Desks and comply with the orders of the High Court in the Kituo Cha Sheria case," she said.
Koome added that the Judiciary and LSK largely share the same objectives and are working towards the same goals of enhancing access to justice, promoting the efficiency of our system of administration of justice, and working towards advancing the rule of law.
In addressing the concerns of Judicial independence and separation of powers, Koome clarified that the desks at the Huduma centres offer only registry support services but not core judicial processes.
She pointed out that separation of powers as enunciated by the Supreme Court in the CDF Judgment (2022) does not mean splendid isolation of the branches of government.
"Its core mandate cannot be discharged by the other branches. In the case of the Judiciary, core mandate is judicial decision-making; that has not been ceded to the other branches. In fact, Judicial officers and Judges will not be based at the Huduma centres," Koome stated.
To affirm her point, Koome noted that there are a number of courts hosted on government premises and mobile courts being conducted at the centres.
"Moreover, infrastructural support does not interfere with judicial independence. We have a number of courts hosted on government premises. We have mobile courts being conducted on government premises," Koome said.
The meeting was held after LSK, last month, faulted the Judiciary over failure to consult it before launching the services at Huduma Centres countrywide.
The society further stated the move would lead to an increase in unethical practices and compromise its credibility.
According to former LSK President Eric Theuri, the Judiciary made a rushed decision that would attract people masquerading as lawyers and paint the industry in bad light.
