High Court announces plan to destroy court records between 1975 and 2010

The High Court has announced plans to dispose of court records spanning 35 years, covering civil cases filed between 1975 and 2010.

The move was announced by the High Court’s Commercial and Tax Division through a Gazette Notice dated July 17, notifying the public of the intended disposal.

Under the Records Disposal (Court) Rules, the division must first obtain approval from the Chief Justice before the records can be destroyed.

The notice states that, after the expiry of a three-month notice period from the date of publication, the court will apply to the Chief Justice for leave to proceed with the disposal under Rule 3.

“In accordance with the Records Disposal (Court) Rules, notice is given that three months from the date of publication of this notice, the Commercial and Tax Division of the High Court of Kenya at Nairobi intends to apply to the Chief Justice for leave under Rule 3 to destroy the records, books and papers of the Commercial and Tax Division in the High Court of Kenya at Nairobi,” the notice stated.

The notice gives anyone with exhibits linked to the affected cases three months to claim them before the disposal process begins.

According to the notice, the full list of the records earmarked for disposal is available for inspection at the Commercial and Tax Division Registry in Nairobi.

It further states that any exhibit that remains unclaimed after the notice period expires will be treated as part of the records and destroyed.

This means individuals with exhibits attached to civil cases filed between 1975 and 2010 should retrieve them within the notice period if they wish to preserve them.

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Courts dispose of old records primarily to free up storage space and reduce the cost of maintaining physical files once their legally prescribed retention periods have expired.

The retention period varies depending on the type of case. Civil files are generally retained for at least 12 years, while records relating to minor criminal convictions may be disposed of after three years.

The disposal process follows a strict legal procedure that includes appraisal of the records, approval by the Chief Justice, a three-month public notice, and secure destruction through methods such as shredding, pulping or burning.

However, the destruction of physical records does not necessarily mean all information will be lost. The Judiciary has been digitising court records as part of its transition to electronic case management.

The Judiciary launched a pilot Electronic Case Management System in Nairobi in July 2020 before expanding it to Mombasa in April 2023. 

In March 2024, Chief Justice Martha Koome rolled out the platform nationwide, directing all courts to transition to a paperless system.

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