GAZETTE NOTICE NO. 7032

IN EXERCISE of the powers conferred under Articles 159 (2) and 161 (2) (a) of the Constitution, section 10 of the Judicature Act and section 81(3) of the Civil Procedure Act, the Chief Justice makes the following practice directions: Citation 1. These Practice Directions may be cited as the Practice Directions for Virtual Court Sessions, 2023. Commencement 2. These Practice Directions shall come into force on a date to be determined by the Chief Justice and different dates may be determined for different courts. Objective of the Practice Directions 3. The objective of the Practice Directions shall be to ensure that court procedures, courtesies and formalities are adhered to by parties during virtual court sessions. Application 4. (1) These Practice Directions shall apply to all legal proceedings before the High Court, the Employment and Labour Relations Court, the Environment and Land Court and Subordinate Courts as defined under Article 169(1) of the Constitution of Kenya, 2010. (2) The Directions shall be read in conjunction with other legal provisions and practices guiding such proceedings and appearances, and shall be applied where circumstances permit. Conduct of Proceedings 5. Virtual court proceedings shall where possible, be conducted in like manner as physical court proceedings. The usual rules of court, procedures, courtesies and formalities shall apply and parties shall be required to adhere to these. 6. All virtual court proceedings shall be hosted by a person duly authorised by the Judiciary (“the host”) whose role shall include admission of participants and orderly conduct and recording of proceedings. Notification of Parties 7. The Judiciary shall notify parties or their counsel and members of the public of the link (s) for the purposes of logging in and joining proceedings in advance. The notification shall be published in the cause list on the websites of the Judiciary, Kenya Law Reports, Law Society of Kenya, and will be sent by email to parties and posted on the notice boards in the court premises. 8. The cause lists shall indicate the court and respective links, name of the presiding judicial officers, names of parties, their advocates, and the contact details of the court officers to be contacted for assistance. Virtual Attendance 9. All authorised participants must ensure they have strong internet connectivity and stable power supply during virtual sessions. Matters reasonably disrupted by unforeseen internet in connectivity or power failure may be re-allocated new dates. 10. Where a party desires to screen share a document during the proceedings, they shall seek leave of the court during the pre-trial conference. The court shall have discretion to consider such application in the course of the proceedings. 11. All authorised participants must log in using their official names which they used in the pleadings and for witnesses, using the names appearing on their official identification documents. 12. Advocates must log in using their names and identify their law firms, if any. 13. Parties and/or their counsel must be ready for the sessions at least five minutes before the time scheduled for hearing of their cases. Dress Code and Virtual Court Etiquette 14. The dress code in all virtual court sessions shall be formal. 15. Counsel shall adhere to official dress code, robe where required and adhere to the Advocates Revised Dress Code, 2013. 16. All authorised participants must be audible and visible during the virtual sessions and must properly position their cameras for clarity of image when their matter is called out. 17. All authorised participants must, unless addressing the Court, mute their microphones to prevent any background noise. 18. All authorised participants should digitally raise their hands if they need to speak in order to minimize distractions and disruptions during the court sessions. They may also use the chat option or call in system during the virtual session. 19. All authorised participants must act with utmost good faith during the proceedings. 20. All authorised participants must at all times strictly adhere to time as allocated. The court may direct the host to mute a participant who without leave exceeds the allocated time. 21. Save for water, all authorised participants are prohibited from eating, chewing or drinking during the proceedings. Databases and Virtual Platforms 22. All Law Society of Kenya branches will maintain an updated database of all law firms registered within their region, which shall include the following details— (a) the name of the law firm as registered with the Business Registration Service (BRS); (b) the names of all the advocates practicing in the law firm; (c) the law firm’s physical address; (d) the law firm’s official email address; and (e) the law firm’s telephone number (s). 23. In conjunction with the Judiciary ICT team and the Law Society of Kenya ICT department, the database referred to in Practice Direction 22 above, shall be shared with the Judiciary for ease of communication and notification of links to the virtual sessions. 24. Microsoft Teams, Skype, Zoom, Go-to Meeting or any other platform as directed by the Judiciary are the official media of conducting virtual court sessions. 25. The best quality of audio and/or video connection available should be used. 26. Parties shall endeavour to have the highest level of cyber security technology during the proceedings. Witnesses 27. In all virtual proceedings, parties shall agree in advance whether a witness and/or a neutral person may be physically present in the same room during the testimony of another witness. 28. Where the court is satisfied that part of the proceedings should be conducted physically, it may order the physical attendance of such persons as it may deem necessary. Where a person summoned refuses or fails to attend court as directed, the court shall deal with the matter as it shall deem necessary. Documentation 29. All documents to be relied upon, including witness statements, exhibits, audio recordings and video presentations, shall be made available to all parties in digital format in accordance with the provisions of the relevant rules of procedure. The court may direct parties to file paper copies of the documents. (1) Procedures and digital platforms for transmission and storage of documentation shall be as directed by the court. (2) Parties shall create secure digital platforms that permit or restrict the ability to download and/or print the documents shared. Confidentiality and Privacy 30 (1) It shall be imperative to ensure that the technology used allows all authorised participants to feel secure about the confidentiality of the information they disclose. (2) Access shall be strictly limited to the authorised participants. 2398 2398 (3) Full names and roles of all authorised participants, including counsel, parties, witnesses, interpreters, stenographers and ICT technicians as well as their allocated rooms should be circulated to all parties and neutrals in advance. (4) Physical rooms occupied by authorised participants, either at their homes, offices, or in special hearing venues, should be separate from the rooms occupied by non-participants to the proceedings, and should be soundproofed where possible, and be visible to eliminate the possibility of undisclosed non-participating individuals being in the room and/or any audio/video recording equipment. (5) The use of headsets is recommended to increase both privacy and audibility of authorised participants. (6) Parties may request an affirmation of privacy from all authorised participants at the commencement of proceedings. Dated the 20th May, 2023. MARTHA K. KOOME, Chief Justice and President of the Supreme Court of Kenya.