EXPLAINED: Judiciary Reveals Why Court Hearings Will Be Virtual ONLY
Due to occupational health and safety issues raised by surrounding construction and the current environmental conditions on the court grounds, operations at the Environment and Land Court (ELC) in Thika will be performed primarily through virtual platforms where applicable.
The Judiciary imposed the interim measures on Friday, citing potential hazards to judges, judicial officials, workers, lawyers, and members of the public at one of the country’s busiest ELC stations.
According to Winfridah Mokaya, Chief Registrar of the Judiciary, intensive construction work near the court has caused excessive dust and debris, harming air quality and posing a health risk, particularly to vulnerable court users.
“The ongoing construction is generating significant dust and debris, adversely affecting air quality and creating a material health and safety risk to judges, staff, advocates and court users, especially vulnerable persons,” said Mokaya.
The court currently works from premises supplied by the Kiambu County Government in a donated building.
Beyond the dust problem, the judiciary expressed concerns about sanitation and the overall fitness of the environment for judicial functions.
The same spot is reportedly used as a waste collection truck parking lot, resulting in constant foul odour and hygiene issues.
“The use of the area as a parking point for garbage trucks has created persistent foul odour and hygiene concerns, creating an environment that is unsuitable for sustained court operations and public access to justice,” Mokaya said.
She stated that the conditions were hurting the dignity of court proceedings and compromising the service delivery standards required of a judicial station.
The Judiciary noted a peaceful demonstration by members of the Law Society of Kenya (LSK) staged the day before to highlight the concerns.
Mokaya said the institution was treating the matter as urgent due to its implications for staff welfare, public health, institutional integrity and continuity of services.
Following a Bar-Bench meeting held on February 11, the Judiciary resolved to prioritise virtual hearings and the online delivery of rulings and judgments for cases that can be handled remotely.
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“Virtual hearings and virtual delivery of rulings will be prioritised for suitable matters to reduce physical exposure while ensuring continuity of justice services,” Mokaya said.
For cases that must be heard physically, including those requiring oral evidence or where the interests of justice demand in-person attendance, the Judiciary is exploring alternative venues and appropriate scheduling arrangements.
“Consultations are ongoing to identify a suitable alternative venue and practical modalities to ensure orderly scheduling, security and user-friendly access for matters that must be heard physically,” she added.
The measures are intended to protect court users while ensuring that the ELC continues to discharge its constitutional mandate without disruption as the Judiciary works towards a long-term solution for appropriate premises in Thika.
EXPLAINED: Judiciary Reveals Why Court Hearings Will Be Virtual ONLY
