LSK protests Judiciary move to offer services at Huduma Centres

The Judiciary says it is seeking to leverage the success of the Huduma Centres and particularly the technology deployed to enhance access to justice by Kenyans.

But lawyers, through the Law Society of Kenya (LSK), have protested the move saying it will lead to an increase in unethical practices, further questioning why the Judiciary was quick to implement the plan without sufficient consultation at a time when concerns were rife that the Judiciary was under the executive's chokehold.

A post on the Judiciary's social media handles on the anticipated roll out of judicial services in six Huduma Centres slated for Monday next week triggered a heated debate as the LSK led by its President Eric Theuri took issue with what they termed a rushed decision that was bound to attract masqueraders and paint their industry in bad light.

“Some of the comments made by lawyers this afternoon regard the issue of brokers, quacks, corruption and facilitation and whether having this service in Huduma will become difficult for the LSK to supervise practice by its members,” Judge Kanyi Kimondo said.

During a virtual meeting to deliberate on the matter, chaired by Justice Kimondo a member of the committee on Operationalization of Judiciary Desks at Huduma Centers attended by close to 400 lawyers, LSK urged the court to suspend Monday’s implementation until emerging issues were addressed.

“The Judiciary has also announced that there will be a countrywide roll out of e-filing, so therefore the process of filing proceedings will be virtual as it currently happens...our thinking is that while this is a good idea, it may be overtaken by time,” Theuri said.

Advocate Kearton added: “Before the introduction of this Huduma Centre whether there was public participation, why the hurry? Why the haste? Why would the jJdiciary want to implement this at a time when the Executive is threatening the Judiciary?”

Judge Kanyi says the Judiciary has entered into a collaboration agreement with the Public Service ministry and the Public Service State Department, a matter that raised issues on what then was the fate of the independence of the Judiciary as it was seemingly engaging the executive in running its affairs.

“This has been raised as an issue of the separation of powers although the 3 arms of government are supposed to be independent and the Judiciary as co-equal must be independent, we are not surrendering an inch, our Constitution also speaks about constructive interdependence of all arms of government, that is the foundation of this exercise of establishing Huduma desks for the Judiciary,” the judge explained.

Kearton, however, disagreed saying: “Part of the leadership of the Huduma Centres will be the CS and PS in the summit, so it appears that Huduma Centres will be controlled by the Executive, what does this do to the Executive, how will the Judiciary be independent? It’s as good as establishing the Judiciary under State House.” 

Services that will be available in the Huduma Centres include filing of a civil matter, filing documents for an existing case, request and issuance of mention dates and also general inquiries on ongoing matters.

Also Kenyans will also get access to copies of rulings, and also striated court orders.

Similarly to the customer care desk at the registry, a Kenyan will get e-filing support for any pending matter.

Those who have already come before the court will be able to settle their fines and deposits and also cash bail among others.

The desks will be manned by officers from the judiciary registry and will help ease the backlog in the e-filing system that is already in use.