3 May 2007
analysis
Nairobi — They determine people's fate, handle cases involving millions of shillings and at the end of the day board a matatu back home.
This is the kind of life a typical Kenyan magistrate leads.
During the day, they hear cases involving members of the outlawed Mungiki sect and in the evening pack and leave for their homes without security.
Inside the matatu, they rub shoulders with suspects they have tried in court during the day and relatives of those they have convicted, which exposes them to dire danger.
Public means
There have been cases where judicial officers have been killed, and in one case, a magistrate disappeared without trace.
A magistrate interviewed by the Nation said she has worked for the Judiciary for more than 18 years but still uses public means.
Her decision to use matatus home, she said, was not because she loves the public means, but simply because she can't afford a taxi and doesn't own a car.
Worse still, she said, she can't afford a house in up market estates in the city and as a result, she is forced to live in some questionable estate with no security.
According to a number of magistrates, the salary they get doesn't allow them to even educate their children up to university level.
Parallel degree
"It's impossible for a magistrate who is not corrupt to take his or her child to university to pursue a parallel degree course, because we can't afford it," said one of the magistrates.
Faced with hardships, some magistrates find it hard to overcome the temptations to take bribes.
A week ago, the Kenya Anti-Corruption Commission arrested the resident magistrate of Kakamega, Mr Samsom Temu Omaiya, and Mr Patrick Mbiya Mwisiati and arraigned them before the Bungoma Anti-Corruption court.
The two were charged with corruption offences.
They were arrested in the magistrate's chambers on April 20, after they allegedly received a bribe of Sh19,000 from a complainant seeking their favour in a case.
The case will be coming up for hearing on May 14.
The kind of work they do is also stressful as it is based on strict deadlines and faces general public criticism.
And unlike other civil servants, judicial officers are restricted by their code of conduct from engaging in other businesses.
Although what they take home as salary is peanuts, the expectations of them from the public are high.
For one to qualify to be a magistrate, he or she has to have a degree in law and some knowledge in accounting.
They also have to go through the Kenya School of Law for a diploma.
A prospective magistrate also has to be admitted as an advocate of the High Court of Kenya.
As a magistrate, one is expected to manage his or her own court and hear cases and determine them within working hours.
Go to prison
They are expected to hear at least 15 to 20 cases a day, go to prison to do mentioning of cases, chair probation case committee meetings and also chair the community service order.
It is also the duty of deputy registrar, who is a magistrate, to make sure that the judges cars are fuelled and in good mechanical conditions.
They also fix cases for judges to hear.
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