FAMILY DIVISION OF THE HIGH COURT OF KENYA

The Kenya Women Judges' Association spearheaded the formation of the Family Division of the High Court of Kenya.

The Association did hold a brain-storming workshop in August, 2000 in conjunction with relevant stake-holders. Several recommendations were made for implementation on the way forward.

Immediately after the workshop, the Chief Justice appointed a broad based committee to oversee the formation of the Family Division.

Again the Association played a leading role as its Chairperson, Hon. Justice Joyce Aluoch was appointed to chair this Committee. Other members of the Association who were in the Committee were Hon. Justice Mary Ang'awa and Hon. Justice Kalpana Rawal.

The Family Division was launched by the Hon. the Chief Justice in December, 2000 and its operations begun in January, 2001. Three High Court Judges, namely, Hon. Justice Aluoch, Hon. Justice Khamoni and Hon. Justice Rawal, were assigned to the Division, with Hon. Justice Aluoch as the head of the Division.

We also hoped to include arbitrators and mediators in the Family Division but this has not been realized as yet.

The cases handled by the Family Division of the High Court include: Succession of deceased persons' estates, Divorce, Separation and Customary Law Marriages, and Burial disputes, Division of Matrimonial Property and Children's Cases under the new Children Act No. 8 of 2001. Over 100 magistrates have been gazetted by the Chief Justice to handle Children's Cases. They are spread all over the Country. This is working well as children can access the Courts easily. Appeals from Children Courts are headed by the Judges in the Family Court Division or where not possible by the other Judges based in Courts nearest to the Children Courts.

The Children Act is a new piece of legislation which has repealed the laws which have become obsolete.

The Succession Act, Cap 160 Laws of Kenya, has been in force since 1982. Litigation under this Act is made simple by the use of statutory forms found at the back of the Act; however, both Judicial Officers and practising lawyers have over the years persistently ignored these statutory forms and resorted to using the method provided under another Act, the Civil Procedure Act, Cap 21, Laws of Kenya. This caused so much confusion that litigation under the Succession Act became chaotic!

Next >>