NAIROBI, Kenya, Mar, 13 – The judiciary has been been forced to go back to the drawing board after several of its staff across various courts nationwide contracted the COVID-19 virus.
This has led to the closure of several courts.
Panic further gripped the corridors of justice after a judicial staff at the Mavoko Law Courts Friday died after contracting the virus.
“On behalf of the judiciary family and on my own behalf, I express our deepest condolences to his family, friends and his colleagues in the judiciary. We are grateful for the time he served the institution , we pray that God grants eternal peace to his soul and to his family to bear the fortitude of this lose,” Acting Chief Justice Philomena Mwilu said.
Seven other members of staff who had exhibited COVID-19 related symptoms tested positive and have since been isolated at various quarantine facilities.
Mwilu expressed concern over the rising cases and spread of the corona virus in the corridors of justice saying a return to the basics, “observing ministry of health guidelines is now a top priority.”
“In light of these developments, the recommendations of the Mavoko Law Courts, the report of the sub-county department of health and emergency services, we have arrived at the considered decision to temporarily close the Mavoko Law Courts for a period of 10 days to allow staff to quarantine in line with MoH COVID-19 protocols so as to break the chain of transmission,” she said in a statement.
Urgent matters for the Mavoko law Courts have been directed to the Machakos Law Courts.
Still in this week, the Thika Environment and Land Court was closed for a period of 14 days and urgent matters directed to Murang’a ELC Court after 10 members of staff contracted the virus.
On Wednesday, March 10, the Family Division of the High Court at Mililani Law Courts was closed for a period of 7 days after 3 members of staff tested positive for COVID-19.
Part of the concerns raised initially was that the division experiences high volume of daily movement of files across various sections as well as within the chambers.
Extensive interaction between staff, clients and courts users was also blamed for the surge in COVID-19 cases.
53 staff members, including legal researchers, attached students, two judicial officers and four Judges are based at the Family Division.
The Bungoma Law courts were on Thursday also temporarily closed after a staff member tested positive for COVID-19.
Urgent and fixed matters were resolved to continue albeit virtually.
- What Next? –
The reality on the Corona virus may be dawning on the Judiciary again with open cases likely to be suspended if the surge persists.
As a precaution, the National Council on the Administration of Justice, may be forced to re-introduce several changes to prevent the spread of the virus such as requiring new arrests and remandees’ cases be heard in police stations except for serious cases.
Courts may also be closed indefinitely with all cases expected again to be heard virtually.
This is despite observers saying technological challenges continue to hinder the delivery of justice.
During the High Court Judges conference in Mombasa back in February, Mwilu called for the physical resumption of court cases, amidst the pandemic saying, “it was necessary in order to avert a backlog crisis and ensure fair judgements in court.”
“Witnesses are not being heard in many of our court stations, physically or even virtually, on this, my friends, something has to be done. 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.
It’s a call of action the Acting Chief Justice may be forced to re-think even as the Government warns of a third wave of the pandemic hitting the country.
The possibility of empty court rooms though regrettable may be the new normal, again, if the the war against the pandemic is to be won.
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