Justice in the District Court is done in front of whoever walks in. That is not an accident of small courtrooms; it is a requirement of the Act and the Constitution, and the exceptions are listed.
The rule
(1) Subject to this Act and to any other law, the room or place in which a Court sits to hear and determine an information or complaint shall be an open and public court, to which all persons may have access so far as the room or place can conveniently contain them.
(2) Notwithstanding Subsection (1), but subject to Sections 59 and 60, where, in the opinion of a Court, the interests of public morality require that all or any persons should be excluded, the Court may exclude those persons.
Except with the agreement of the parties, or by order of the court in the interests of national security, proceedings in any jurisdiction of a court, including the announcement of the decision, shall be held in public (s 37(12)). A court may exclude persons other than the parties and their legal representatives to the extent it is by law empowered to do and considers necessary in the interests of public welfare, or where publicity would prejudice the interests of justice, the welfare of persons under voting age or the protection of the private lives of persons concerned (s 37(13)).
Section 57(2) says “subject to Sections 59 and 60”: an exclusion order never removes a party’s right to be present, to be represented, and to conduct the case. It removes the public.
Committal proceedings
(1) The room in which a Court takes the examinations and statements of persons charged with indictable offences for the purposes of committal, and the depositions of witnesses, shall not be deemed to be an open court, and the Court may, subject to Subsection (2), order that no person shall be in that room without its permission.
(2) A Court shall not make such an order unless it appears to it that the interests of justice require it.
(3) Where an order is made, the Court shall not proceed to deal with a matter summarily without first adjourning and opening the Court, except in a case under section 57(2).
The reason is that a committal is an inquiry whose evidence may later be tested at a public trial; publicity at the committal stage can prejudice that trial. But the default remains open: the Court needs to find that the interests of justice require closure before anyone is excluded, and if it then decides to try the matter summarily it must reopen the doors first.
Proceedings other Acts close
| Proceeding | Rule |
|---|---|
| Juvenile Court, or a District Court exercising juvenile jurisdiction | Proceedings are closed and publication restricted: Juvenile Justice Act 2014 ss 69, 112 |
| Family Court matters under the Lukautim Pikinini Act 2015 | Restrictions on reporting; see can Family Court proceedings be reported |
| Family protection order applications | The Family Protection Act 2013 does not itself close the court; the general power in s 57(2) and Constitution s 37(13) (private lives) applies |
| Evidence of a witness about to leave the country | Taken before a magistrate under s 72, on notice to the other party, not necessarily in open court |
Where the Court sits
Openness also governs the place. Section 17(2) forbids the Court to sit anywhere other than a courthouse unless there is none within a convenient distance and as much public notice of the sitting as practicable is given. A hearing conducted in a police station office or a magistrate’s house without notice is not an open court. See where the District Court sits.
The decision must be public too
Section 37(12) expressly includes the announcement of the decision. A conviction or order pronounced in chambers, or communicated by letter, is not what the Constitution contemplates. Section 128 requires the charge to be read and the plea taken in open court; section 132A(1)(e) requires a sentence on a traffic infringement to be pronounced in open court.
Order in an open court
Openness does not mean disorder. Section 277 makes it an offence, punishable by a fine of up to K200, wilfully to interrupt the proceedings, to behave disrespectfully during the sittings, to obstruct or assault a person in attendance in view of the Court, or to disobey an order under section 63 that witnesses leave the room; and the Court may exclude the offender. Section 63 itself allows, and on a party’s request requires, the Court to order all witnesses other than the parties out of hearing until called. See contempt in the District Court.
Why it matters to a litigant
Because the court is open, a party may bring family or friends to watch, and an unrepresented party is well advised to do so: a second pair of ears helps in remembering what was said, and a witness to the proceedings is useful if there is later a dispute about what happened in court. The Magistrates’ Manual reminds magistrates that failure to conduct matters in open court under section 57 is an act in excess of jurisdiction, which is a ground of appeal.
The District Courts Act is not on PacLII; it is available on vLex.
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.