The Milimani Chief Magistrate’s Civil Court Bar Bench Committee is a Practice Committee of LSK Nairobi aimed at improving relations between the bar and bench. It is a well customized stakeholder engagement with an aim to positively impact legal reform and streamline practice.
Members noted that the major cause of delays in obtaining decrees from the court is the multiple amends that need to be made on the documents presented at the registry. The Bench encouraged members to raise issues of undue delay in order for the same to be addressed.
On the timely issuance of summons, members were informed that the court was amid recruitment of a new Executive Officer who would assist handle the same.
The bench noted the challenges of staff and space at the Court and stated the need for the law society to assist address the issue of transfer of files to the court and the requirement that they be heard on priority basis given that the court may not have capacity to deliver.
It was reported that with regards to jurisdiction on Work Injury Benefits (WIBA) matters, the Law Society of Kenya Nairobi, through the Branch Chair had filed a petition in the Supreme Court that was still pending and which sought to streamline the matter and forge a way forward given the varied court decisions on the same.
In order to streamline practice, members proposed the following:
- That all documents that need to be availed at the pretrial stage should be made available including by any persons holding brief.
- That the court adopts the ongoing practice of requiring filing of a bundle of documents, well paginated and indexed where applicable.
- That evidence by expert witnesses be produced in accordance with the Evidence Act.
- That advocates minimize interlocutory applications meant to impede justice.
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