A Nairobi resident has sued Chief Justice David Maraga as he seeks to challenge fees charged on cases dealing with infringement of rights.
In a case filed against the CJ and the Registrar of the Judiciary, Mr Jacob Osoro sought to have the court fees scrapped while arguing that it does not promote or fulfill the rights and freedom in the Bill of Rights.
Through his lawyer Gregory Nyauchi, he claimed that Kenyans have been denied the right to institute court proceedings because of the fees imposed for users.
“Every day that passes without a mention to the court on the enforcement of constitutional rights, due to economic barriers. It is not just the right of approach to the Court to enforce a right which potentially denies others their right,” Mr Nyauchi said.
According to the law, the Chief Justice is mandated to set the rules that guide the procedures of courts including court fees for proceedings in the High Court.
The law also points out that there are times which someone can be exempted from paying the court fees if they make a formal application to a Registrar.
It also stipulates that courts are required to handle all matters timely at a cost affordable by the respective parties.
But Mr Osoro argues that these rules are unconstitutional and therefore wants the Chief Justice ordered to change these rules to indicate that no fee may be charged for filing cases.
He alleges that the fees violates his right and that of other Kenyans since those who do not have the money to pay are forced to make a request to be exempted.
Mr Osoro wants the matter certified urgent and that he be granted a priority hearing of his case.
He also wants an order issued exempting paying of court fees in cases that involve infringement of rights.
He further wants the rule that requires to seek an exemption of paying the court fees to be declared unconstitutional.