CJ Martha Koome opens new high court at Makadara Law Courts

Chief Justice Martha Koome has established a high court at the Makadara Law Courts.

The court will start its operations on January 2, 2025, and will have a criminal division only and the judge in charge will exercise supervision over Makadara and Jomo Kenyatta International Airport (JKIA) magistrates' courts. The opening of the court was announced in a gazette notice this week.

"Take notice that the Chief Justice has established Makadara High Court – Criminal Division pursuant to section 11 (1) (e) and 12 (1) of the (high court organisation and administration ) with supervisory jurisdiction over the Makadara Chief Magistrates' Court and the JKIA Magistrates court with effect from January 2, 2025," the notice reads in part.

This is the third court after another high court was opened at the Kibera Law Courts in 2021.

Lawyers welcomed the new court stating that it will help in decongesting the high court at the Milimani law courts.

"It was long overdue because the appeals from Makadara cases going to Milimani (high court) are too many. It had been mentioned for long and it also came as an idea during a court users' committee (CUC) meeting to decongest Milimani Law Courts," said Lawyer Veinna Mong'are.

Makadara Law Courts is the busiest in Eastern and Central Africa serving the highest population. It has the widest jurisdiction serving 40 police stations, all in the most populous areas of Nairobi.

All criminal appeals from Makadara Law Courts are always taken to the high court at the Milimani which has only three judges in the criminal division.

Mong'are said because of the bigger number of cases at the high court in Milimani, getting hearing dates has been difficult.

"Even if you file a case under a certificate of urgency, it takes two months to have an opportunity to be heard and the essence of the urgency is not served," she stated.

Her counterpart Timothy Bosire said it (opening the high court) is very prudent for the revision of rulings of magistrates rulings including bail and bond terms, and appeals on decisions made by magistrates.

"It will take a shorter period for appeals to be heard. Matters will be expedited for the benefit of criminal suspects. It's a very good thing; it has come at a very good time because Makadara has a very huge flow of cases," said Bosire.

Mong'are urged Koome to ensure the high court at Makadara has two or more judges to serve the clients effectively.

This, she said, will ensure that if there are two judges, whenever one of them is away on leave, training and other reasons, the court remains in operation.

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