Kisumu Court Issues Notice on Planned Destruction of Old Case Records

Kisumu Court Issues Notice on Planned Destruction of Old Case Records

The Chief Magistrate’s Court in Kisumu has issued a public notice announcing plans to dispose of old criminal and civil case records, giving affected individuals a three-month window to claim any exhibits or documents before the materials are permanently destroyed.

The notice, published in a gazette dated April 24 and signed by Chief Magistrate D.O. Onyango, outlines the court’s intention to seek approval from the Chief Justice to proceed with the destruction under the Records Disposal (Courts) Rules established under Cap. 14 of Kenya’s subsidiary legislation.

“IN ACCORDANCE with the Records Disposal (Courts) Rules, notice is given that three (3) months from the date of this publication, the Chief Magistrate’s Court at Kisumu intends to apply to the Chief Justice, for leave to destroy the records, books and papers of the Chief Magistrate’s Court,” the notice reads.

According to the court, the records targeted for disposal include criminal cases filed between 2016 and 2018, as well as civil matters dating back to 2008 through 2010. These files represent concluded cases that have exceeded the legally prescribed retention period.

The court emphasised that the destruction process will not be immediate, as it is subject to formal approval by the Chief Justice. The three-month notice period is therefore intended to allow members of the public sufficient time to retrieve any personal property or exhibits linked to the listed cases.

“All exhibits to which no claim is substantiated before the destruction of all the records shall, under section 4, be deemed to be part of the records for the purposes of destruction,” the gazette notice warned.

Court officials have urged individuals who may have submitted documents, evidence, or other materials in connection with the affected cases to visit the Kisumu Law Courts registry and file formal claims within the stipulated period.

“Any person desiring the return of any exhibit in any of the above cases must make his or her claim within the stipulated time in this publication,” Magistrate Onyango stated.

A comprehensive list of all files earmarked for disposal has been made available at the court registry during working hours, allowing the public to verify whether their cases or exhibits are affected.

The planned exercise is part of a routine judicial process governed by Kenya’s Records Disposal Act, which permits courts to destroy files after a specified duration once cases have been concluded. For civil matters, records are typically eligible for disposal 12 years after final judgment, except in sensitive cases such as land disputes or constitutional petitions, which may be preserved for longer periods.

Judicial officers note that the disposal of old records is necessary to address storage constraints, reduce administrative costs, and streamline registry operations. Over the years, physical file accumulation has posed logistical challenges in courts across the country, prompting the adoption of structured retention and disposal schedules.

At the same time, the move aligns with provisions of the Data Protection Act, 2019, which requires institutions to dispose of personal data that is no longer necessary for legal or administrative purposes.

Despite the destruction of physical files, the Judiciary has assured the public that essential case details will remain within official court registers. These include names of parties, the nature of disputes, and final judgments, ensuring that a record of proceedings is retained even after file disposal.

The transition to digital systems has further strengthened record management within the Judiciary. Since the introduction of electronic filing in 2020, courts have increasingly shifted toward paperless operations, reducing reliance on physical documentation.

The nationwide rollout of e-filing, completed in 2024 under Chief Justice Martha Koome, marked a significant milestone in modernising Kenya’s judicial processes. The directive barring the printing of court pleadings from July 2024 further underscores the Judiciary’s commitment to digital transformation.

As the three-month notice period begins, affected individuals are being encouraged to act promptly to avoid losing any materials tied to past cases, as the planned destruction will proceed once all legal requirements have been fulfilled.

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Kisumu Court Issues Notice on Planned Destruction of Old Case Records