GUIDELINES FOR COURT USERS COMMITTEES

Transcription

1 1. INTRODUCTION GUIDELINES FOR COURT USERS COMMITTEES The Court Users Committees (CUCs) provide a platform for actors in the justice sector at the local or regional level, to consider improvements in the operations of the courts, coordinate functions of all agencies within the justice system and improve the interaction of these stakeholders. CUCs provide the Judiciary with an opportunity to make the justice system more participatory and inclusive since the public is represented by all arms of government, civil society organizations and private sector groups. 2. RATIONALE In fulfilling its Constitutional mission as a co-equal arm of Government, the Judiciary has embarked on the implementation of its Transformation Framework, a document that aims to provide general principles and goals to be pursued and the methods of undertaking institutional transformation. The Framework is premised on four key pillars, which are: i. People focused delivery of service; ii. Transformative leadership, organization culture and professional, motivated staff; iii. Adequate financial resources and physical infrastructure; iv. Harnessing Technology as an enabler for justice. These four pillars are in turn borne by a further ten Key Result Areas (KRAs) namely: KRA 1: Access to and Expeditious Delivery of Justice KRA 2: People-Centeredness and Public Engagement KRA 3: Stakeholder Engagement KRA 4: Philosophy and Culture KRA 5: Leadership and Management KRA 6: Organizational Structure KRA 7: Growth of Jurisprudence and Judicial Practice KRA 8: Physical Infrastructure KRA 9: Resourcing and Value for Money KRA 10: Harnessing Technology as an Enabler for Justice CUCs, therefore, provide an avenue to address matters in the administration of justice while enhancing public participation and stakeholder engagement; developing public understanding of court operations; promoting effective justice sector partnerships and advancing the application of Alternative Dispute Resolution mechanisms. 1 Final Draft of the Guidelines for Court Users Committees as at 15/1/13

2 3. MANDATE Article 159(1) of the Constitution recognizes that judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution. Section 35 of the Judicial Service Act institutionalizes CUCs by providing for the establishment of the National Council on the Administration of Justice (NCAJ) to ensure a coordinated, efficient, effective and consultative approach in the administration of justice and the transformation of the justice system. The NCAJ in turn is required to establish CUCs at the county level and to review and implement their reports. It is in this respect, that the following guidelines are developed: 4. CORE VALUES A Court Users Committee shall be guided by the following core values: i. Collective responsibility: That in discharging its functions, each stakeholder or agency bears equal responsibility for the successes and failures of the CUC. ii. Interdependence: That while all agencies remain robustly independent, they shall nevertheless depend on each other for the operationalization of the CUC. iii. Service : That all stakeholders are bound by the recognition that the CUC is about quality service delivery to the public iv. Constitutionalism: That all actors will be guided by strict fidelity to the Constitution and the principles espoused therein v. Mutual Accountability: That all stakeholders will be accountable to each other and perform their obligations within the CUCs. 5. OBJECTIVES The overall objective of CUC is to: 1. Streamline the administration of justice within the respective courts jurisdiction 2. The specific objectives of the CUC shall include: 2 Final Draft of the Guidelines for Court Users Committees as at 15/1/13

3 a. To ensure an accountable, coordinated, efficient, effective and consultative approach in the delivery of justice b. To improve access to justice and the quality of service delivery by all actors in the justice system c. To enhance public participation and engagement in the delivery of justice d. To promote information sharing and learning among stakeholders e. To strengthen feedback mechanisms and promote dialogue among stakeholders and court users f. To propose policies and legislation for implementation by the NCAJ for effective delivery of justice g. To carry out all functions that are incidental to the operations of the CUCs 6. ESTABLISHMENT To ensure an accountable, coordinated, efficient, effective and consultative approach in the delivery of justice, CUCs shall be established at the following levels: i. The High Court Station ii. The Magistrate Court Station iii. Special Courts and Tribunals; Special Courts and Tribunals will include: Industrial Court, Land and Environment Court, Children s Court, Municipal Council Courts, Milimani Commercial Court, Kadhis Courts, Courts Martial, Mobile Courts, Rent Restriction Tribunal, Cooperative Tribunal, Industrial Property Tribunal, Intellectual Property Tribunal, County Court Tribunal, Communications Affairs Tribunal, HIV/AIDS Tribunal, Water Appeals Tribunal, Political Parties Dispute Resolution Tribunal, Business Premises Rent Tribunal, Landlord and Tenant (Shops, Hotels and Catering Establishment) Tribunal iv. The County level and at each Court Station within the County 7. MEMBERSHIP The membership of the CUC shall reflect that of the NCAJ and a CUC is at liberty to invite members on an ad hoc or permanent basis according to its needs. The membership of the CUC shall comprise the heads of the following institutions or their deputies appointed in writing: i. The Resident Judge or Head of Division and in the case of Magistrates, the Head of a Station appointed as such who shall serve as the Chairperson of the Court Users Committee; 3 Final Draft of the Guidelines for Court Users Committees as at 15/1/13

4 ii. Other Judges and or Magistrates iii. Probation and Aftercare Services Department; iv. Kenya Prisons Service v. Children s Department; vi. Office of the Director of Public Prosecution; vii. Attorney General representative viii. National Police Service Station Commanders and Divisional Commanders including specialized units within the Police Service; ix. Other agencies with prosecutorial powers within the stations; Labour, Environment, Municipal Councils x. Witness Protection Agency xi. National Legal Aid Programme xii. Superintendent of the local hospital xiii. Law Society of Kenya or local Bar Representatives; xiv. A representative of the County Executive xv. Two Representatives of relevant Civil Society Organizations dealing with the administration of justice; xvi. Community Leaders including Youth and Women representatives; xvii. Three Representatives of Faith-Based Organizations xviii. Court Bailiffs, Court Brokers and Auctioneers; xix. Executive Officer or the Deputy Registrar in the case of High Court. xx. A representative of the Provincial Administration as currently constituted xxi. A representative of the Paralegal Support Network xxii. Two persons representing Special Interest Groups County-level Membership In line with the provision of the Judicial Service Act that CUCs will be established at the County level, the supplementary membership shall be constituted as follows: i. The County Judge will be the Chair and in his or her absence, the Chief Justice will designate a Judge to perform the functions of the Chair. ii. In the event that the County Judge is incapacitated, the CUC shall appoint an interim Chair, pending appointment of a Judge by the Chief Justice. iii. The Chief Registrar of the Judiciary shall appoint a Chair for Magistrates Courts Stations in the County iv. Each County CUC shall have representatives from all the CUCs in the County including Special Courts v. County Governor shall also be a member of the County CUC 4 Final Draft of the Guidelines for Court Users Committees as at 15/1/13

5 Because the above membership is simply illustrative and not exhaustive, CUCs shall remain at liberty to permanently or temporarily co-opt or invite any member as relevant for its purposes. CUCs are further encouraged to ensure the participation of all through Sub-Committees and the promotion of awareness of its activities through regular media briefs. All CUCs must promote gender equality by ensuring that not more than two-thirds of its members shall be of one gender. 8. OFFICE BEARERS AND THEIR FUNCTIONS: The Chairperson of a CUC is the Head of a Court Station or a person acting in that capacity. In the case of a Magistrates court, a person appointed as such by the CUC. In the event that the Chair cannot perform that function, the CUC shall appoint another to act in that capacity. The Chairperson of a CUC shall: i. Convene and preside over all the meetings; ii. Ensure implementation of resolutions of the CUC; iii. Submit quarterly reports to the NCAJ for implementation; iv. Ensure that there is adequate resourcing for CUC activities v. Attend County CUC meetings vi. Be the Chief Accounting Officer of the CUC vii. Perform such other functions in the furtherance of the purposes of the CUC The Deputy Chairperson of a CUC shall: i. Act as the substantive alternative to the Chair ii. Support the Chairperson in his or her functions iii. Perform such other functions as delegated by the Chairperson in furtherance of the purposes of the CUC iv. Be in charge of monitoring and evaluation v. The Deputy Chair, the Secretary and the Treasurer shall be elected by the members of the CUC The Treasurer of a CUC shall: i. Be the head the CUC Finance Sub-Committee ii. Ensure each CUC shall establish a Finance Sub-Committee for resource mobilization and management of the CUC finances iii. Be accountable to the CUC and ensure that the Finance Sub-Committee operates within Government regulations iv. Facilitate the CUC Secretariat as it coordinates CUC operations v. Perform financial functions for the furtherance of the CUC 5 Final Draft of the Guidelines for Court Users Committees as at 15/1/13

6 vi. Submit quarterly financial reports and any other reports necessary The Secretary of a CUC shall: i. Issue notices and agenda for meetings fourteen days in advance ii. Take the minutes and manage records of all meetings iii. Extract and forward the resolutions to the Chairperson iv. Prepare reports as directed by the chair v. Oversee the functions of the CUC Secretariat including handling logistics, writing reports and organizing meetings vi. Distribute relevant information and materials as received from the chair and members of the CUC as well as NCAJ vii. Be the custodian of all the records and minutes of the CUC 9. FUNCTIONS AND SCOPE OF COURT USERS COMMITTEES The functions and scope of CUCs are to: i. Implement policies and strategies of the NCAJ ii. Identify challenges that hinder the expeditious delivery of justice and propose effective solutions; iii. Serve as a platform for promoting the establishment of peer review mechanisms among participating departments iv. Enhance information sharing and learning among stakeholders; v. Identify needs of various agencies for intervention by the NCAJ; vi. Propose relevant stakeholder training on relevant fields of concern to the NCAJ; vii. Propose policy and legislative interventions to the NCAJ for the effective and expeditious disposal of cases; viii. Organize and hold annual open days and execute outreach programmes ix. Hold fact-finding missions to penal facilities and places of custody including prisons, remand homes, borstal institutions, rehabilitation schools, psychiatric hospitals, probation hostels and any place of detention including hospitals x. Produce reports on any CUC events and visits held xi. Promote Alternative Dispute Resolution in accordance with the provisions of Article 159 of the Constitution xii. Establish peer review mechanisms xiii. Promote crime prevention initiatives xiv. Engage in any other activity to enhance access to justice. 6 Final Draft of the Guidelines for Court Users Committees as at 15/1/13

7 xv. xvi. Organize CUC outreach and sensitization events Organize retreats and bonding sessions for the CUC members 10. COURT USERS COMMITTEES PRIORITIES Court Users Committees shall address the following concerns inter alia: i. Case backlog ii. Limited access to information and feedback mechanisms for litigants and the public iii. Negative public perception of the justice system iv. Corruption v. Lack of integrity Integrity concerns and accountability vi. Lack of coordination and communication in the justice sector vii. Filling of professional forms, taking and recording of DNA samples, police abstract and age assessment forms viii. Unreasonable and inconsistent conditions of bail and bond terms ix. Lack of legal aid to deserving persons x. Inadequate institutional capacity xi. Lost files and poor filing systems xii. Delayed and or miscarriage of justice; xiii. Unnecessary and or arbitrary arrests xiv. Unprofessional conduct by justice sector actors and court officials xv. Time management xvi. Complex court procedures xvii. Unequal access to justice for the poor, vulnerable and marginalized xviii. Lost files and poor filing systems xix. Unavailability of police files leading to poor service delivery. xx. Shoddy investigations xxi. Inadequate court cells and police cells facilities xxii. Prisoners transportation and security xxiii. Lack of holding cells for children and women xxiv. Lack of mobile courts xxv. Bail, bond terms and process of surety determination and approval xxvi. Handling of exhibits by police xxvii. Children s courts and protections xxviii. Bonding of witnesses and facilitation xxix. Brokers in court corridors xxx. Disconnect between prosecution, investigating officers and station commanders 7 Final Draft of the Guidelines for Court Users Committees as at 15/1/13

8 xxxi. xxxii. xxxiii. xxxiv. xxxv. Case backlog due to unexecuted warrants and uncollected revenues Handling of new types of criminal activities Unavailability of designated medical officers and other expert witnesses Inadequate witness protection mechanisms and facilities Local penal congestion 11. MEETINGS i. A CUC shall consist of such numbers of members not less than 13 and not more than 35 ii. A CUC shall meet at least once every three months in tandem with the NCAJ schedule of meetings in the financial year. iii. The quorum for each meeting shall be a simple majority of at least half of the members. iv. The venues of the meeting shall be agreed upon by the members taking into account the distance and convenience. v. A uniform allowance may be paid and transport reimbursements made to members. vi. In the CUC meetings all members shall exercise mutual respect for each others contribution and ensure an environment of free participation Modus Operandi In discharging its functions, the Court Users Committee shall: a) Determine its procedures at its meetings in accordance with the guidelines of the CUC; b) Establish such task oriented Special Working Groups as are necessary; c) Establish Sub-CUCs in instances where its membership is large and or where the area of the CUCs jurisdiction is vast d) As far as possible adopt a less formal approach in the conduct of its business. e) The agenda of the meeting should address the concerns of the actors in the justice sector f) The minutes should be circulated fourteen days after the meeting to allow members the opportunity to raise issues in advance. 12. FINANCING i. The CUC shall be financed from funds allocated by the Judiciary through NCAJ. 8 Final Draft of the Guidelines for Court Users Committees as at 15/1/13

9 ii. Each CUC is at liberty to source and or receive grants and resources from donors and stakeholders provided that Chapter Six of the Constitution is upheld and there is no conflict of interest. iii. Each CUC may open a donor account iv. The funds allocated shall be utilized for the planned activities agreed upon by the CUCs and the donors. v. Each CUC is required to prepare and present a financial budget of all its proposed activities to the NCAJ Secretariat vi. Every CUC shall, at the close of each Financial Year; file returns to the NCAJ Secretariat detailing the expenditure of the activities undertaken. vii. The Chairperson of each CUC shall ensure that proper books and records of accounts are kept and maintained in accordance with the laid down government financial regulations. 13. MONITORING AND EVALUATION AND REPORTING i. Each CUC shall develop its Annual Work Plan in cognizance of the concerns and challenges of each court station ii. The Annual Work Plan should take cognizance of the following key deliverables: access to justice; access to information; public participation; stakeholder engagement; timely delivery of court decisions and restoration of public confidence in the justice sector. iii. Training of the members. iv. CUCs shall conduct biannual stakeholder surveys on the effectiveness of CUCs v. Conduct a biannual review of the reports vi. Conduct biannual stakeholder surveys on the effectiveness of the CUCs will be done using a tool developed by the NCAJ Secretariat vii. All CUCs shall prepare narrative and financial reports viii. The -County CUC Secretariat shall coordinate, monitor and evaluate the activities of CUCs within the County and all Court Stations falling within the supervisory jurisdiction of the County Court. ix. CUCs shall adopt the NCAJ standard reporting mechanism. x. All CUCs shall prepare quarterly reports of their meetings and forward them to the NCAJ Secretariat 1 with a copy to the County CUC Secretariat for any necessary action. xi. The activity plan should be in line with timelines issued by NCAJ xii. Every CUC shall produce and submit a procurement plan xiii. There shall be an annual review of the report 1 Office of the Chief Registrar of the Judiciary, Chamber 6, Supreme Court Building, ncaj.cucs@gmail.com 9 Final Draft of the Guidelines for Court Users Committees as at 15/1/13

10 xiv. In all matters that may require urgent intervention of the NCAJ, any CUC is at liberty to directly address such matters to the NCAJ Secretariat. 14. SUCCESS INDICATORS In monitoring and evaluating the progress of the CUC, the following are examples of performance indicators to be applied: i. Reduced trial period from date of taking plea to time of judgment delivery. ii. Increase in number of people released on bond iii. Reduction in period taken to execute warrant of arrest and witness summons by the police. iv. Increase in number of people coming to court to seek services v. Reduction of complaints from public, litigants and inmates. vi. Significant reduction in number of pending cases. vii. Results of the biannual stakeholder surveys viii. CUC achievements against set targets in the Annual Work Plan Dr. Willy M. Mutunga, D. Jur, S.C., E.G.H. Chief Justice/ President, Supreme Court of Kenya Chair, National Council on the Administration of Justice Dated this day of Final Draft of the Guidelines for Court Users Committees as at 15/1/13