CJ Koome sued over Judiciary move to offer services at Huduma Centres

Another legal showdown looms in the Corridors of Justice involving Chief Justice Martha Koome, the Executive and Law Society of Kenya (LSK).

In an affidavit sworn by immediate former LSK Vice President Carolyne Kamende Daudi, and filed by her lawyer Levi Munyeri under a Certificate of Urgency at the High Court, Koome, the Chief Registrar of the Judiciary and the Cabinet Secretary for Public Service, Delivery and Performance Management were sued for collaborating to have several judicial services offered at Judiciary desks in Huduma Centres.

The Chief Executive Officer, Huduma Kenya and the Attorney General, have also been sued as per the affidavit.

The petitioner, who has enlisted LSK as an interested party, argues that the Judiciary has made an administrative decision to collaborate with the Executive in the performance of its exclusive function of administration of justice, in a manner that undermines the independence of the Judiciary and the hallowed doctrine of separation of powers.

The applicant further states that LSK was not consulted before the Judiciary made the decision to transfer some of the judicial services to Judiciary desks to be domiciled at Huduma Centres, under the Ministry of Public Service, Delivery, and Performance Management.

On top of this, the petitioner further argues that the said decision contravenes or threatens Article 10 of the Constitution of Kenya, 2010, as well as Section 31 of the Advocate’s Act, Cap 16, that obliges all State organs, State, and public officers to conduct public participation when making and implementing public policy decisions.

In a bid to have the process which is scheduled to commence on Monday, as per the notices and memos, stopped by the High Court, the petitioner argues that if the program is launched it “will irreparably injure the administration of justice as any court document filed will stand void and may have to be filled afresh at a later date, to the total detriment of the litigant.”

Furthermore, the petitioner argues that persons masquerading as advocates are eagerly awaiting the roll-out of the programme to take advantage of the non-clarity in its functionality to unlawfully circumvent advocates and illegally offer the services of advocates to unsuspecting members of the public.

In citing the petition under certificate of urgency, High Court Judge Lawrence Mugambi directed the matter be mentioned on March 18, 2024 for further directions, with responses to the application and the petition to be filed within 14 days from the date of service.