On Tuesday March 17,2020 A Kenyan High Court issued its first ever Ruling through an online platform. Both parties consent to the ruling as more so it was a precautionary measure against the novel Corona Virus 2019.
In the ruling issued by Hon Justice David Majanja, the order read as follows:
“In view of the declaration measures restricting court of operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on March 15,2020, this ruling has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course this court has been guided by Article 159(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provision of Section 1B of the Civil Procedure Act(Chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.”
Kenyan citizens applauded the judge terming the move as an opening of conducting businesses in the rigid judiciary.
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