Summary
·
The
regional judicial organ was the first in the region to go online under the
hybrid model in which judges sit physically in court, and lawyers appear
virtually
Arusha. Automation of the East African Court of Justice’s (EACJ) operations during the height of Covid-19 pandemic has inspired other judicial facilities in the region.
A high-powered delegation of Kenya’s
Judicial Commission of Elections (JCE) says it will emulate what the EA Court
did in order to transform the country’s Judiciary.
“Automation initiatives piloted in
some of the courts in Kenya have made Kenyan courts more efficient,” said
Justice Daniel Musinga, the President of the Court of Appeal of Kenya.
The system has also made the
judicial facilities cost-effective and accountable “in addition to ensuring
judicial processes are streamlined”.
Justice Musinga, who is also the
Vice Chair of the JCE, led a delegation that was in Arusha to learn how the
EACJ has embraced technology, specifically in transcribing its proceedings.
JCE’s task is to provide a mechanism
to assist the Judiciary prepare for and discharge its mandate on election
dispute resolutions.
The committee draws its membership
from different levels of the Judiciary, including Judges, magistrates, and
other Judicial Officers.
The long-term plans of the Kenyan
judicial organ are to learn from the EACJ how the automation processes can
transform the country’s Judiciary into a fully-fledged e-court.
EACJ Principal Judge Yohane Masara
said, indeed, that the Court’s automation of its processes during the height of
Covid-19 has inspired other courts within the region and beyond.
The regional judicial organ was the
first in the region to go online “and this allowed the Court to undertake its
mandate successfully”.
This was even as most such
institutions struggled to prove their services during the lockdown that
restricted travel at the height of the pandemic.
Justice Masara, however, informed
the visiting JCE team that EACJ was not yet a fully-fledged e-court because it
currently operates a hybrid model for its sessions.
Under the hybrid model, Judges sit
physically in court, and lawyers can choose to appear virtually or in person.
“This has greatly facilitated access
to justice in the region”, the Judge of the High Court of Tanzania pointed out.
EACJ Deputy Registrar Christine
Mutimura, however, outlined challenges facing the Court, which is a judicial
organ of the East African Community (EAC).
These, according to her, include the
limited financial resources needed for the convening of the Court sessions.
This has led to a backlog of cases.
The Court was established in
November 2001 as one of the three organs of the EAC. Its mandate is to ensure
adherence to the law in the interpretation and application of and compliance
with the EAC Treaty.
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