Children’s Appeals in Superior Courts Now Fee-Free, Allowing Easier Access to Justice
In a significant move towards ensuring easier access to justice for children in Kenya, Chief Justice Martha Koome has abolished the fees previously required for filing appeals in superior courts. The new policy, effective from November 1, 2023, waives court fees for appeals on children-related matters, including child custody proceedings, criminal cases involving children, and adoption matters.
The decision, announced in the latest issue of the Kenya Gazette, follows the Constitutional provision in Article 53(2) and section 29(5)(c) of the Children Act, 2022. Chief Justice Koome, a firm advocate for children’s rights, aims to expedite the process of seeking justice for children without financial barriers.
The move to eliminate appeal filing fees was first proposed in 2021 in the Court Fees Assessment Schedule, which outlines the applicable fees for filing documents in various Kenyan courts and tribunals. This schedule serves both as a source of public information and a means of case management.
Social workers have warmly welcomed the decision, as financial requirements often pose a hindrance to seeking justice. They believe that removing the monetary burden will make justice more accessible to children. Recognizing the importance of child-friendly justice, social welfare institutions, courts of law, administrative authorities, and legislative bodies are urged to prioritize the best interests of the child in all actions concerning them.
In a related development, Chief Justice Koome also announced the appointment of Nickson Wanjau Mwangi as the chair of the Auctioneers Licensing Board. Starting from October 23, 2023, Mwangi will serve a three-year term, pursuant to section 3(1)(g) of the Auctioneers Act.
By eliminating fees for appeals in children’s cases, Chief Justice Koome demonstrates her commitment to ensuring that children have unimpeded access to justice. The move is expected to have a positive impact on the expeditious resolution of children-related matters in superior courts.
