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Chief Justice David Maraga/FILE/CFM

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Eviction decrees issued before March 16 suspended until April 22: NCAJ

NAIROBI, Kenya April 16 – The National Council on the Administration of Justice (NCAJ) says suspension of eviction, civil orders and decrees issued before March 16 will remain in force until Wednesday next week.

The directive is meant to cushion litigants with appeals against eviction decision file them as court registry countrywide are opened from Tuesday next week.

This is after the Chief Justice David Maraga-led justice council resolved during a virtual meeting on Thursday to have registry staff re-called with guidelines put in place to ensure adherence to physical distancing guidelines.

“The suspension of execution of civil orders and decrees and eviction orders made before 16th March remains in force until 22nd April,2020,” the council noted.

“Orders shall be extracted by registries and released to litigants and their advocates within twenty-four hours of their making,” NCAJ further outlined.

Court sessions will be conducted in strict adherence to the guidelines issued by the Ministry of Health to ensure the protection of judicial staff and court users.

Hearing of civil matters will resume fully beginning April 22 with a sub committee of NCAJ set to publish guidelines on the new operations.

The High Court, Court of Appeal for criminal appeal hearings as well as all registries are expected to upscale sessions from April 21.

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According to the new guidelines, court operations will proceed as agreed by judges in charge of appeals, the director of public prosecution, appellants and their advocates as well as prison authorities.

“Presiding judges and heads of stations outside Nairobi shall liaise with court users committees and come up with guidelines on how civil matters which were taken out between 16 March and 22 April be dealt with,” part of the statement issued stated.

At the same time, the council ordered the presentation of suspects in court within 24 hours of arrest as required by law.

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