Sep 21, 2021

Mawazo Writing Africa

Writing about the main

Expensive justice: CJ Martha Koome introduces higher court fees

The judiciary’s electronic filing system has since been updated to reflect the new charges, but lawyers complain that the numbers in the system are inaccurate and some entries are missing.

Some Bar Association members have also spoken out Concerns about the so-called high fees for filing some matters and documents.

The e-filing system allows litigants and lawyers to evaluate the costs of filing the relevant documents themselves.

“The new fees have been uploaded, but a lot of information about frequently filed documents is missing, while other documents are being offered at incorrect prices. My own guess is that technical staff could have worked alone without the support of legal minds, “said Katiba Institute attorney Dudley Ochiel:

In addition to revoking the fee-setting plan proposed by her predecessor David Maraga, judge, Koome has revised the fees for various judicial services.

She has also introduced new fees for filing documents that are not on Judge Maraga’s list.

For example : Justice Koome has increased the court library membership fee and annual subscription from Sh500 to Sh1000 and introduced a Sh500 annual renewal fee for public notaries.

Criminal Matters

Im new The schedule, which went into effect on Sept. 1, now costs filing motions of any kind in the High Court except in criminal matters, now Sh 1,500 Motions and affidavits have been filed with Sh 1,000 Registration of arbitral awards in connection with disputes at the Environmental and Regional Court.

Justice Koome has increased the fee from Sh2,250 to Sh10,100.

It also has the fee set by its predecessor Abolished the Sh100 fee for filing a complaint response, known as a letter of address.

However, it has introduced a new fee for filing urgency requests with the Environmental and District Court. The fee is set at Sh2,250.

At the High Court’s Anti-Corruption and White-collar Crime Division, the CJ has introduced a Sh450 fee for filing an appeal.

It has, too a fee of 1,500 sh. Introduced for judicial collection fees for security deposits and collateral for expenses.

In commercial and tax matters filed in the High Court, the CJ has introduced a fee of Sh 1,550 for any appeal or review by lower courts and tribunals .

She also has a fee of 100 Shillings. Introduced for filing an Income Tax Complaint Response Response, known as a fact sheet.

In civil cases filed with the High Court, the CJ has introduced a fee of at least Sh2,000 for un-liquidated claims, subpoenas, or counterclaims. < / p>

Additional court fees will be paid based on the amount awarded when the case is established.

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Additionally, she would like courts to now charge Sh300 for filing a cost response.

The fees for bringing a private lawsuit to the High Court remain at Sh5,000, while the lower court has set it at Sh1485.

Offenses

The number of Kenyans who want to privately prosecute their perpetrators is increasing, most recently businessman Samuel Kamau (SK) Macharia, who is prosecuting 14 people for crimes related to stocks and finances at Directline Assurance Company Limited wants.

He alleges that the 14 intended defendants were involved in the fraudulent transfer of shares and funds amounting to Sh 4 billion between 2012 and 2018.

The businessman accuses DPP Noordin Haji, along with Directline Assurance Company, intended not to prosecute the 14 defendants despite “overwhelming evidence of stock and financial offenses”.

He accuses DPP Haji of partiality and failure to exercise his constitutional mandate to prosecute criminal offenses.

Another prominent figure who is seeking a private lawsuit is former Justiciar The Minister and Narc Kenya party leader Martha Karua.

She wants six Private prosecution of individuals for electoral offenses allegedly committed in Kirinyaga district during the 2017 gubernatorial election.

Ms. Karua tells her the decision to bring a private lawsuit was d Triggered by the failure of the DPP and DCI to address their complaints regarding the alleged electoral crimes.

So do the new indictments think likely access to justice, especially for the poor?

“I don’t think the new fee schedule will affect access to justice as there are already exemptions and indictments and legal aid protocols in place,” said Attorney Ochiel.

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Increase

Membership in the court library and annual subscription

Old fees Sh500

New fees Sh1,000

Any type of application to the High Court except in criminal matters.

Old fees Sh750

New fees Sh1,500

Registration of arbitration judgments at the environmental and regional court.

Old fees 2,250 Sh.

New fees of 10,100 Sh.

Newly introduced fees

  • Notaries annual extension Sh500
  • Urgency certificate at the environmental and regional court Sh2,250.
  • Objection to the court of appeal, filed with the economic crime department Sh450
  • Court fees for security deposits and cost guarantees Sh1500.
  • In relation to commercial and tax law cases filed with the High Court, the CJ has charged a fee of Sh1,550 for
  • Any appeal or review to the High Court in commercial and tax matters introduced by lower courts and tribunals. Sh1550
  • Response to income tax complaint – fact sheet. Sh100
  • Response to the cost accounting . Sh300 un-liquidated claim, original subpoena or counterclaim. Sh2000.
  • Additional court fees will be paid based on the amount paid upon the establishment of the Awarded case.