Africa-Press – Kenya. Operations at the Environment and Land Court (ELC) in Thika will, where appropriate, be conducted primarily through virtual platforms due to occupational health and safety concerns arising from nearby construction and the prevailing environmental conditions at the court premises.
The Judiciary announced the interim measures on Friday, citing risks posed to judges, judicial officers, staff, lawyers and members of the public at one of the country’s busiest ELC stations.
According to Chief Registrar of the Judiciary Winfridah Mokaya, heavy construction works taking place near the court have generated excessive dust and debris, significantly affecting air quality and creating a health hazard, particularly for vulnerable court users.
“The ongoing construction is generating significant dust and debris, adversely affecting air quality and creating a material health and safety risk to judges, staff, advocates and court users, especially vulnerable persons,” said Mokaya.
The court currently operates from premises provided by the Kiambu County Government within a donated facility.
Beyond the dust problem, the Judiciary also raised concerns over sanitation and the overall suitability of the environment for judicial services.
The same location is reportedly being used as a parking area for garbage collection trucks, resulting in persistent foul odour and hygiene challenges.
“The use of the area as a parking point for garbage trucks has created persistent foul odour and hygiene concerns, creating an environment that is unsuitable for sustained court operations and public access to justice,” Mokaya said.
She noted that the conditions were undermining the dignity of court proceedings and affecting service delivery standards expected of a judicial station.
The Judiciary acknowledged a peaceful demonstration by members of the Law Society of Kenya (LSK) held a day earlier to highlight the concerns.
Mokaya said the institution was treating the matter as urgent due to its implications for staff welfare, public health, institutional integrity and continuity of services.
Following a Bar-Bench meeting held on February 11, the Judiciary resolved to prioritise virtual hearings and the online delivery of rulings and judgments for cases that can be handled remotely.
“Virtual hearings and virtual delivery of rulings will be prioritised for suitable matters to reduce physical exposure while ensuring continuity of justice services,” Mokaya said.
For cases that must be heard physically, including those requiring oral evidence or where the interests of justice demand in-person attendance, the Judiciary is exploring alternative venues and appropriate scheduling arrangements.
“Consultations are ongoing to identify a suitable alternative venue and practical modalities to ensure orderly scheduling, security and user-friendly access for matters that must be heard physically,” she added.
The measures are intended to protect court users while ensuring that the ELC continues to discharge its constitutional mandate without disruption as the Judiciary works towards a long-term solution for appropriate premises in Thika.
A Court Users Committee (CUC) meeting has been scheduled for February 18 to chart a multi-agency way forward.
The forum will bring together representatives from the Judiciary, the Bar, Kiambu County Government, security agencies and other justice sector stakeholders.
“We urge counsel representing the Law Society of Kenya in the Court Users Committee (CUC) to attend and participate fully so that the agreed interventions are practical, coordinated and co-owned,” Mokaya said.
She reaffirmed the Judiciary’s commitment to maintaining safe and dignified working conditions while safeguarding access to justice.
“The Judiciary remains committed to delivering justice to all while upholding the highest standards of safety, dignity of service and responsible governance,” Mokaya said.
