Edith Fortunate
1 July 2007
Nairobi — Many Kenyans have no access to justice, and where it is guaranteed it is often delayed. Poor infrastructure, corruption and ignorance have escalated injustice.
This was said during a live debate on KTN's weekly interactive show, Newsline.
Four panellists engaged the audience in a debate on whether the justice system works. Eighty-five per cent responded negatively.
Dr Ekuru Aukot, executive director of Kituo cha Sheria, singled out inefficiency as the greatest impediment to judicial services.
"Most lawyers and the Judiciary have used Kituo cha Sheria as a dumping site where they refer cases they do not want to handle," he said.
As a result, he noted, people are forced to camp at the institution's offices from as early as 5am. He accused lawyers of abandoning cases they feel would not benefit them.
Mr James Maina, a Mathare resident, said many Kenyans cannot access justice due to prohibitive costs and ignorance. He said ignorance has exposed many slum dwellers to suffering.
On the recent security operations in Mathare's Kosovo area, Maina said many people in the slums would rather bribe police than be arrested and charged in a court of law. He said Mathare residents fear courts.
But Prof Gilbert Ogutu of the University of Nairobi traced Judiciary to a society's quest to resolve disputes.
"At the Luo Council of Elders, there are cases we handle at the family court. A committee of people sit and discuss. You cannot sentence an hungry person to seven years in prison for stealing cassava or a hen."
Ogutu is also the secretary general of the Luo Council of Elders.
But in the case of statutory law, such a person, on pleading guilty, would be jailed.
Ogutu urged Kenyans to use cultural laws to settle family, land and children disputes since Kituo cha Sheria can only handle 30 cases a week.
Mr Charles Kihara, a lawyer, said court filing fee bars many people from seeking justice.
A member of the audience accused lawyers and judges of perpetuating corruption. "Most lawyers take bribes from clients to ensure cases do not go through," he said.
The Government was urged to employ more lawyers to help Kenyans who cannot afford the cost of justice.
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