Chief Justice Martha Koome has established a new High Court division dedicated to handling international and organised crime cases, which will become operational on October 30.
The International and Organised Crimes Division was created through a Gazette notice dated October 19, joining the High Court’s existing Family and Children, Commercial and Tax, Admiralty, Constitutional and Human Rights, Judicial Review, Criminal, Civil, and Anti-Corruption and Economic Crimes divisions.
It also follows the establishment of the Tribunals Appeals Division at Milimani Law Courts in Nairobi, which became operational on July 1.
Koome said in a notice on Friday, October 23, the new division will hear cases involving core international offences, as well as appeals in organised crime matters previously heard by lower courts.
Chief Justice Martha Koome makes a ruling during a virtual court session on January 21, 2025.
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Judiciary
“The Chief Justice has established the International and Organised Crimes Division of the High Court, to hear cases arising from International Crimes Act (ICA), 2008, as well as appeals arising from Organised Crimes tried in the subordinate courts and whose appeals lie in the High Court, and any other cases where the Chief Justice, in consultation with the Principal Judge of the High Court, allocates to the Division from time to time, with effect from the 30th October, 2026,” the notice stated.
Cases already part-heard in other High Court stations or divisions will remain there, while subordinate courts will continue handling offences within their existing jurisdiction.
The notice explained that the division will apply Kenya’s criminal trial procedures and rules of evidence, alongside those of the International Criminal Court (ICC) where applicable.
The division’s jurisdiction will cover matters involving terrorism, human trafficking, migrant smuggling, kidnapping, arms trafficking, drug trafficking, piracy, wildlife offences and environmental crimes.
Further, it will handle constitutional petitions and judicial review applications concerning alleged violations of rights linked to cases within its mandate.
Other matters covered include extradition proceedings, mutual legal assistance and cases arising under relevant international treaties and conventions.
Under Koome’s new practice directions, all fresh cases falling within the division’s jurisdiction must be filed through its principal registry, using the Judiciary’s electronic filing system.
The rules also provide for secure submission of classified and confidential documents through a designated portal, as well as protective measures for witnesses and victims, including closed hearings, voice distortion, opaque screens and confidential records where necessary.
Judges will be required to hold a status conference within 14 days of a new case being filed to establish a timetable for trial and issue directions on evidence disclosure and witness protection.
Proceedings will generally be heard by a single judge, although the presiding judge may direct that certain appeals be handled by two judges.
Entrance to the International Criminal Court (ICC) at the Hague
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ICC