Monday, March 16, 2015

Open Letter to the Judiciary of Kenya seeking clarification of how the City Magistartes court ought to be run

Dear Sir/Madam,

Today i attended the trial of an employee in the City Magistrate's court at City Hall pertaining to breaking Nairobi City By-laws.  The court sat to try the accused at precisely 2 p.m.  However, as interested parties and next of kin to the accused, we were not allowed to sit in the court and follow the proceedings.

I believe rules of natural justice require that any accused must be tried in an open court or in camera when the court feels it would further the ends of justice.  Even then, I believe the court ought to communicate to the public and consider any objections raised.

The trial was over within minutes. The judgement readout to the kin and interested parties outside the court by someone from the court.  Further, threats were issued regarding late payment of fines that will see the accused locked up in the Industrial Area Remand Prison or Lang'ata Women's Prison.
I never heard the Judge announced or the charges read aloud nor the accused enter a plea. For all I know, I paid an illegal fine.  Further, I don't know how to get official court transcripts to prove the validity of the case.

Further, the court in session was packed with the accused sitting in the public seats.  It is really comical and ironic that an accused person is treated as a free person before he is sentenced.
That said, I would like official communication from the Judiciary on how this matter ought to be handled from the moment the accused is presented at the Council's office to when they are finally let go.

Today's experience is the second such in two years. It seems Nairobi County courts are heavily weighed with litigation pertaining to big or frivolous matters.

I hope to hear from you soon

Your's faithfully
Anthony Njeru
A Concerned Citizen