KISUMU, Kenya — The Chief Magistrate’s Court in Kisumu has issued a notice of its intention to destroy old criminal and civil case records, giving the public a three-month window to reclaim any exhibits before the files are permanently disposed of.
In a Gazette Notice dated April 24, 2026, Chief Magistrate D.O. Onyango invoked the Records Disposal (Courts) Rules under Cap. 14, outlining a formal process that requires approval from the Chief Justice before any destruction takes place.
“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,” the notice states.
The records targeted for disposal include criminal cases filed between 2016 and 2018 and civil matters dating from 2008 to 2010. These files, the court says, have surpassed their statutory retention period and no longer hold administrative or legal value.
Members of the public with exhibits or documents linked to the affected cases have been urged to file claims at the Kisumu Law Courts registry within the notice period or risk losing them permanently.
“All exhibits to which no claim is substantiated… shall be deemed part of the records for purposes of destruction,” the notice warns.
The process is anchored in Kenya’s legal framework governing records management. Under Cap. 14, courts may dispose of files after a specified retention period—typically 12 years after conclusion for civil matters, except for sensitive cases such as land and constitutional disputes.
The development also intersects with obligations under the Data Protection Act 2019, which requires institutions to delete personal data that is no longer necessary for the purpose it was collected.
Despite the planned destruction, key case details—including parties, claims, and final orders—will remain preserved in official court registers, ensuring a basic historical record is maintained.
The move comes amid the Judiciary’s transition toward digitisation following the rollout of the e-filing system introduced under former Chief Justice David Maraga in 2020 and expanded nationwide by Chief Justice Martha Koome in 2024.
With courts now shifting to fully digital processes, including a directive to stop printing pleadings from July 2024, physical file disposal is expected to become more routine as legacy records are phased out.
