30/01/2012
RESOLUTIONS MADE DURING THE VALIDATION WORKSHOP FOR PARALEGALS 26TH-28TH JANUARY 2012
On the 27th of January 2012, a team of 40 paralegals presented a situational analysis of the Judiciary to the Hon. Chief Justice and the Hon. Chief Registrar. The issues that were deliberated resulted in the following resolutions:
•Validation of the Judiciary Transformation Framework and the 12 Key results Areas as follows:
Phase one- Crystallization of the vision and adoption of a broad cohesive strategic direction;
Phase two- Implementation of the Strategic Objectives and Key Programmes;
Phase three- Review and continuous learning for the entire Institution
All Paralegals play a critical role in the implementation of the Judiciary’s Transformation Agenda
As the first point of contact with the public, Paralegals are the foot soldiers of Justice and the importance of their role cannot be overemphasized
The newly established Kenya Union for Judiciary Workers will advocate for all its members concerning welfare matters within the Judiciary
2 Representatives will be elected to sit on the Hon. Chief Justice’s Leadership Management Committee
•All Stations of the Judiciary will within 100 days adopt the Rapid Results Approach as concerns the following areas:
Area Key Issues and Proposed Solutions
EmploymentDevelop a career and transfer policy that will manage the promotion, growth and remuneration of all Judicial
Revise the name ‘Paralegals’ as it does not exist in the JSC Act or in the Constitution- Refer to us as ‘Judicial Staff’
Carry out comprehensive induction programmes for all staff upon their employment
Create a database that tracks the progress or stagnation of employees
On average, all Judiciary Staff have stagnated (remained in their current or original post for a period of over three years)
Conduct expedited promotion for stagnated staff
Fill all vacant positions (certain staff have held acting positions for over 3 years- confirm these positions)
Undo historical injustices in succession management
Clearly delineate the roles and responsibilities of all Judiciary Staff to avoid abuse of Paralegals-
Certain Judges and Magistrates have reduced staff to gofers and house helps forcing staff to carry out menial duties on top of their primary work including cooking lunch for them in the station every day, picking up their children from school, paying dowry and electricity bills, picking up laundry, washing cars and so on. This must stop.
Schemes of Service:Harmonize all benefits that accrue to Magistrates and Judges for all paralegals. This includes the provision of the following:
Improved Medical Cover
Uniform Allowances- transport, transfer, baggage, risk, hardship, extraneous, overtime and credit for mobile phones
Review of house allowance given the danger that the current proximity to criminals and litigants poses for paralegals-
Revised entitlement of annual leave- 30 days for all
Letter of Confirmation of appointment within 6 months
Abolition of the Proficiency Exam (citing irrelevance of the same- it does not count towards promotion and is not recognized by the private sector)
Free Counseling for stress management
Review of the 2/3 rule which restricts loan taking facilities for Paralegals who wish to take up mortgage scheme
Review of the car loan scheme to enable all Judicial staff to purchase vehicles
Review the schemes of service of all security personnel attached the Judges and Magistrates-
Establish a Security Section in the Judiciary;
Sponsor and enroll all security staff in CID Training School for effective discharge of duties;
Refer to the DPM Circular Ref. No DPM PA/4/75/ (19) of 9th February 1990 and received by Judiciary on 1st October 1997 for a progressive structure for all civilian security personnel within the Judiciary;
Review risk allowances in view of the VIPs Security Personnel serve for and under
Provide Suit Allowances
Growth & Training Stagnation is commonplace within the Judiciary and therefore to address this, the following needs to be done as a matter of urgency:
Develop a Training Policy to complement the career policy
Meritorious Promotion of staff (certain members of staff have been on attachment for over two years yet they merit confirmation as permanent and pensionable individuals)
Waiver on taxes for members of staff with special needs
Prize giving days and Retirement Parties for members of staff
Provision of Study leave and loan facilities to allow payment of fees
Consideration of academic qualifications attained by staff in promotion (no one wants to be hired as a young clerk and to retire as an old clerk)
Allow a waiver on the subject cluster requirement which stifles growth (if one has passed all subjects except mathematics, geography or history one should not be denied promotion)
Harmonization of Training Opportunities with the Judiciary Training Institute
Operation of Stations Review and Amendment of the AIE discrepancies- disparities have negative affected the operation of stations
Clear description of the roles and responsibilities of all staff in the station will help to avoid favouritism and discrimination of certain staff by Judges and Magistrates
Team Building efforts to be decentralized to all stations-
Uproot the culture of fear and colonial hierarchy
Hold Open Days for Judiciary Staff and regular Judiciary Family Teas in all stations
The Executive Officers (all levels-Chief, Senior and Principal) are the administrative officers of all stations and therefore their roles and responsibilities need to be clearly defined and respected by Judges and Magistrates
The management of funds through District Officers and treasuries should cease- the Judiciary is independent and the Judiciary Fund should ensure this
All disciplinary cases should be resolved at the Station
Operationalize the Sexual Harassment Policy- there should be no injustice in the courts of justice
Institute 24 hour hearings for the expeditious disposal of cases
Conduct a skills audit to avoid the misplacement of staff and under utilization/ abuse of resources (currently some accountants are interpreters in court; all high court stations should be headed by Chief Executive Officers according to workload)
All Stations should have an Archivist and fully equipped typing pool
Rapid Results Initiatives Conduct a record appraisal for the disposal of old records/ find a warehouse for mass storage
Develop a Customer Charter to facilitate the prompt response to litigant complaints and queries
Furnish every station with chairs, tables, desktops, laptops, filing cabinets, safes, generators, printers, shelves, internet, incinerator, water dispensers, tea urns, clean toilets and tissues paper, ramps for physically challenged staff
Ensure each station has a fully stocked library- books, photocopiers, desk tops, shredders, book shelves, fax machines, scanners, internet, printers
Provide Office Accommodation where there is none (complete construction of Limuru Court)
Enhance Security of all court stations- especially with emerging threats of terrorism; elections; etc
Establish an office of Inspector General of all courts
Operationalize the digitization of court files, documents, books and records
Operationalize all Court User Committees and decentralize financial and disciplinary functions
Display banners on specific messages at all court stations
To be presented to the Honourable the Chief Justice by the Chairman and Paralegals Representative- Mr. William Ojijo
