Gazette Notice No. 1391 of 2025

Items 6

1. Legislation notice 1

   Link

   Issuing authority

   Chief Justice (Issues the Practice Directions.)

   Body

   Judiciary

   Court

   Gender Justice Court (Court designated to hear and determine Gender Justice Cases.), Supreme Court (Court whose decisions are cited for relevant principles.), High Court (High Court GJ Criminal Register prescribed in the First Schedule.)

   Registry

   Gender Justice Court Registry (Separate registry section to be established upon gazettement of a Gender Justice Court.)

   Register

   Gender Justice Court Register (Register to be maintained in the prescribed forms set out in the First Schedule.)

   Cited case party

   Joseph Lendrix Waswa (Joseph Lendrix Waswa vs. Republic [2020] eKLR.), CMM (Suing as the Next of Friend of and on Behalf of CWM.), Standard Group (Standard Group & 4 others in the cited case.)

   Represented person

   CWM (Person on whose behalf CMM sued in the cited case.)

   Prosecuting authority

   Director of Public Prosecution (Prosecutorial duties remain solely with this office.)

   Instrument

   Practice Directions for Management of Gender Justice Cases, 2024

   Commencement

   The Directions shall come into force on such date as shall be determined and gazetted by the Chief Justice.

   Application

   The Directions shall apply and govern the procedure for registration, hearing, and processing of Gender Justice Cases or Appeals.

   Case file colour

   orange

   Determination period

   within one (1) year from the date of registration

   Extension

   The court may, where justifiable reasons exist, extend the time for the determination of the case upon the lapse of the period as provided for under Direction No. 36.

   Reporting

   Every court station shall submit to the Committee established under Direction No. 49, biannual reports regarding cases where extension of time has been made.

   Confidentiality

   Unless where the Law provides otherwise, all records of proceedings relating to Gender Justice Cases shall be kept confidential and shall not be disclosed to anyone who is not a party to the proceedings, unless the court makes an order permitting the examination or making of copies of the records.

2. Legislation notice 2

   Link

   Court

   Gender Justice Courts

   Registry

   Gender Justice Court Registry

   Classification authority

   Chief Justice (May by notice in the Gazette direct that any case be classified as a Gender Justice Case, or that any typology of Gender Justice Cases ceases to be so classified.)

   Direction 20

   An appeal emanating from a case that proceeded as a Gender Justice Case at the trial stage shall automatically be classified as a Gender Justice Appeal Case.

   Direction 21

   A case that was not classified as a Gender Justice Case at the trial stage may nevertheless be classified as such on appeal, if the nature of the appeal requires so, or where through consolidation with other appeals, or by other processes, the appeal comes within the purview of the laws listed in the Second Schedule.

   Direction 22

   A case that has been classified as a Gender Justice Case may not be declassified before its determination, only for the reason that it no longer is proceeding under, or pursuant to any of the sections of the laws listed in the Second Schedule.

   Direction 23

   Any court may, either on its motion or upon request made at any stage of trial or hearing of an appeal, direct that a case or appeal be classified as a Gender Justice Case.

   Direction 24

   A request to have a case classified as a Gender Justice Case may orally be made by a party in court, or it may be made by a party or other person by way of a letter written to the head of the Gender Justice Court Registry.

   Direction 25

   Where the request is made, the head of the Registry shall upon receipt of the letter place the file before the trial court for directions.

   Direction 26

   The Chief Justice may by notice in the Gazette direct that any case be classified as a Gender Justice Case, or that any typology of Gender Justice Cases ceases to be so classified.

   Direction 27

   After the commencement of these Practice Directions, any court that is gazetted as a Gender Justice Court shall register all new cases or appeals as Gender Justice Cases if they fit the classification under these Directions, and shall accordingly assign them the case codes set out in the Third Schedule: Provided in the instance where a charge sheet has multiple counts with the elements of GJC case codes and other case codes, it shall be registered as a GJC case.

   Direction 28

   Upon commencement of the Practice Directions, the court shall direct that all cases that meet the criteria for classification as Gender Justice Cases be registered in the Gender Justice Court Registry and shall accordingly assign them the case codes set out in the Third Schedule.

   Direction 29

   Where a court directs that a case be classified as a Gender Justice Case pursuant to Direction No. 23, the file thereof shall be forwarded to the Gender Justice Court Registry and be accordingly registered.

   Direction 30

   If a case that fits the classification as a Gender Justice Case is erroneously filed online under a different case type, the head of the Gender Justice Court Registry or designated officer shall immediately place the file before the duty court for directions, on registration and coding.

   Direction 31

   The Gender Justice Case files shall be orange in colour.

   Direction 32

   Gender Justice Courts shall conduct pre-trial procedures per applicable rules and guidelines for the case types including— (i) the Active Case Management Guidelines, 2016 with necessary modifications; and (ii) the Civil Procedure Rules, 2010 as amended by the Civil Procedure (Amendment) Rules, 2020 with necessary modifications, for civil cases; (iii)Appeal pre-trial procedures follow applicable court rules.

   Direction 33

   At pre-trial conferences, the court shall confirm: (a) filing and service of pleadings; (b) amendment of pleadings if necessary; (c) parties’ attendance at the hearing; (d) child’s participation if the case involves a child; (e) appropriate measures for the trial to meet these Directions; (f) hearing date and service on parties; (g) filing of necessary reports; (h) mode of conducting proceedings; (i) number, needs, witness testimony time frame, the need for tele/video-conferencing or live TV links; and (j) any other matter promoting effective, efficient, and expeditious disposal.

   Direction 34

   As far as is applicable and practicable, the conduct of proceedings involving Gender Justice Cases shall be done in accordance with the Active Case Management Guidelines.

   Direction 35

   The court shall uphold the principles of Natural Justice and fair hearing as set out under Article 50 of the Constitution.

   Direction 36

   Proceedings relating to Gender Justice Cases shall be undertaken expeditiously with a view of being finalized within one (1) year from the date of registration.

   Direction 37

   The court may, where justifiable reasons exist, extend the time for the determination of the case upon the lapse of the period as provided for under Direction No. 36.

   Direction 38

   Where the court extends time under Direction No. 36, it shall— (a) record the reasons that justified the extension; (b) indicate in the proceedings the period of extension.

3. Court notice 3

   Link

   Body

   Committee established under Direction No. 49 (Receives biannual reports regarding cases where extension of time has been made and prescribes the report format.)

   Cited litigant

   CMM (Named in a case cited for victim protection principles.), Standard Group (Named in a case cited for victim protection principles.), Joseph Lendrix Waswa (Named in a case cited for victim participation principles.)

   Prosecuting authority

   Director of Public Prosecution (Prosecutorial duties remain solely with this office.)

   Direction 39

   Every court station shall submit to the Committee established under Direction No. 49, biannual reports regarding cases where extension of time has been made. The report shall be in a format to be prescribed from time to time by the committee.

   Direction 40

   In the conduct proceedings relating to Gender Justice Cases, the court shall take necessary measures to protect the victim.

   Direction 41

   The court shall take necessary measures to protect victims in gender justice cases guided by relevant principles and case laws (including those from CMM & others vs Standard Group & others [2023] KESC 68 (KLR).

   Direction 42

   Victim protection measures the court may employ include:

   Direction 42 a

   (a) not holding other sittings in the courtroom for gender justice cases;

   Direction 42 b

   (b) ensuring victims' dignity, privacy and well-being at all times;

   Direction 42 c

   (c) restricting media reporting on victims' identities per guidelines;

   Direction 42 d

   (d) applying provisions on reporting cases involving child victims;

   Direction 42 e

   (e) limiting courtroom attendance to authorized persons in children's matters;

   Direction 42 f

   (f) allowing in camera proceedings;

   Direction 42 g

   (g) using pseudonyms or initials for victims;

   Direction 42 h

   (h) informing victims/vulnerable witnesses of protective measures taken;

   Direction 42 i

   (i) using victim-friendly language;

   Direction 42 j

   (j) ensuring protection of vulnerable witnesses under relevant laws, particularly in cases involving sexual offences, children or mentally disabled persons; and

   Direction 42 k

   (k) at its discretion, employing measures like:

   Direction 42 k i

   (i) allowing testimony through an intermediary;

   Direction 42 k ii

   (ii) supporting victim's choice of presence;

   Direction 42 k iii

   (iii) hearing vulnerable witness cases in camera;

   Direction 42 k iv

   (iv) promoting use of technology like video-conferencing; and

   Direction 42 k v

   (v) adopting pre-recorded evidence per law.

   Direction 42 l

   (l) conducting all proceedings with utmost dignity, equity, social justice, inclusiveness, equality, non-discrimination and sensitivity.

   Direction 43

   The court shall take necessary measures to ensure the rights of victims to participate in a trial guided by relevant principles and case laws (including those from Joseph Lendrix Waswa vs. Republic [2020] eKLR).

   Direction 44

   In considering applications by victims or their legal representatives to participate in a trial and the manner and extent the court shall be guided by the following principles:

   Direction 44 a

   (a) The applicant must be a direct victim or victim’s legal representative in the case being tried by the court.

   Direction 44 b

   (b) The court should examine each case according to its special nature to determine if participation is appropriate, at the stage participation is applied for.

   Direction 44 c

   (c) The court must be satisfied that granting the victim participatory rights shall not occasion an undue delay in the proceedings.

   Direction 44 d

   (d) The victim’s presentation should be strictly limited to “their views and concerns” in the matter granted participation.

   Direction 44 e

   (e) Victim participation must not be prejudicial to or inconsistent with the rights of the accused.

   Direction 44 f

   (f) The court may allow the victim or his legal representative to pose questions to a witness or expert who is giving evidence that have not been posed by the prosecutor.

   Direction 44 g

   (g) The court has control over the right to ask questions and should ensure that neither the victim nor the accused are subjected to unfair treatment or irrelevant questions.

   Direction 44 h

   (h) The trial court should ensure that the victim or the victim’s legal representative understands that prosecutorial duties remain solely with the Director of Public Prosecution.

   Direction 44 i

   (i) While the victim’s views and concerns may be persuasive. they are not to be equated with the public interest.

   Direction 44 j

   (j) The court may hold proceedings in camera where necessary to protect the privacy of the victim.

   Direction 44 k

   (k) The court shall have full discretion while considering victim’s views and concerns regarding punishment.

   Direction 45

   Sentencing shall follow the prevailing Law and the Sentencing Policy Guidelines.

   Direction 46

   Before passing a sentence, the court may receive evidence to inform itself under section 24 (g) of the Penal Code and sections 175 and 329 of the Criminal Procedure Code.

   Direction 47

   Unless where the Law provides otherwise, all records of proceedings relating to Gender Justice Cases shall be kept confidential and shall not be disclosed to anyone who is not a party to the proceedings, unless the court makes an order permitting the examination or making of copies of the records.

4. Legislation notice 4

   Link

   Issuing authority

   Chief Justice (May establish an implementation committee and amend the Directions.)

   Court

   High Court (High Court GJ Criminal Register prescribed in the First Schedule.)

   Direction 48

   Courts shall endeavour to train all staff, Judicial Officers, and Judges on how to handle Gender Justice Cases in accordance with the objectives and principles of these Practice Directions.

   Direction 49

   The Chief Justice may establish a committee to oversee the implementation of these Practice Directions.

   Direction 50

   The Chief Justice may amend these Directions from time to time.

5. Legislation notice 5

   Link

   Court

   High Court GJ (Criminal and civil appeal register templates.), Gender Justice Court (Criteria for determining cases to be heard.)

   Criteria a

   use or threat of use of any form of violence, coercion or arbitrary deprivation or restriction of freedoms (liberty);

   Criteria b

   which results or is likely to result in physical or sexual or psychological or economic harm/injury or a combination thereof;

   Criteria c

   meted out on the basis of gender or sex of the victim;

   Criteria d

   whether committed in public or private spaces;

   Criteria e

   whether committed in peacetime or in armed conflict or war; and

   Criteria f

   the victim must be a natural person.

6. Court notice 6

   Link

   Court

   Magistrates Courts, High Court

   Issuing authority

   Chief Justice and President of the Supreme Court of Kenya

   Subject

   Case types and case codes for gender justice proceedings

Schedule 16 rows

Everyone named

Pages for private people, including the deceased and petitioners, are public, but we ask search engines not to list them.

Corrections 0

Corrected by

No corrigendum in the issues we hold.

Cites

Victim Protection Act, Joseph Lendrix Waswa vs. Republic [2020] eKLR, CMM (Suing as the Next of Friend of and on Behalf of CWM) & 6 others vs. Standard Group & 4 others (Petition 13 (E015) of 2022) [2023] KESC 68 (KLR) (8 September 2023) (Judgment), CMM & others vs Standard Group & others [2023] KESC 68 (KLR), Active Case Management Guidelines, 2016, Civil Procedure Rules, 2010, Civil Procedure (Amendment) Rules, 2020, Sentencing Policy Guidelines, Article 50 of the Constitution, Protection Against Domestic Violence Act, Victim Protection Act, Witness Protection Act, Children Act, Sexual Offences Act, Prohibition of Female Genital Mutilation Act, Magistrate’s Courts Act, Penal Code, Cap 63, section 146, section 151, section 157, Counter-Trafficking in Persons Act, ComputerMisuse and Cybercrimes Act, Election Offences Act, International Crimes Act

Cite

Permalink funua.com/notices/2025/1391/.

About this data

Source

Official PDF of Vol. CXXVII No. 25, from Kenya Law

Extracted by

AI models

Model audit

An independent model agreed with 98 to 99% of compared values for land and succession notices, 97% overall. Agreement between models, not verified accuracy.

Review flag

None on this notice