Let CJ protect advocates, stop impunity in this court

Chief Justice Martha Koome addresses a past press conference. [File, Standard]

When I recently attended a plea hearing in a criminal case at a Nairobi law court, I received ‘baptism with fire’–my many years in practice as an advocate notwithstanding. A simple, ordinary plea-taking by an accused person turned into a cat-and-mouse game between advocates (me included), the court clerk and the court itself.

The State had not objected to the grant of bond in a case–of stealing/handling stolen property. Interestingly, the court denied the accused bond nonetheless. In essence, breaching the mandatory constitutional requirement that mandates the State to provide a compelling reason why bond should be denied.

Troubled by this strange decision, I asked the magistrate, in open court, to let us know why bond was denied–to no satisfactory response.

What transpired in the six days before the next mention date was unbelievable. A court clerk–who, I’m told, is notorious but untouchable owing to his connections in the senior echelons of the Judiciary–took charge of the matter as the chief coordinator. It’s the practice here for bond to either be denied or given under stringent conditions so that negotiations for a revision of the terms can be initiated.

My colleague and I had been purportedly ‘fired’ by our client, courtesy of a forged letter that somehow found its way into the court file. The letter suggested that a selected advocate be enlisted, with the court clerk clearly stating that good English and/or adherence to the law are never a consideration in that court.

That reminded me of the street wisdom, “Why hire an advocate when you can negotiate directly with the court?” I’m told that, before plea is taken, the accused is sieved and categorised with the ‘big fish’–as in the case of my client–mainly targeted.

Recklessness

I hear the court has more than 10 magistrates. But although there are serious misgivings by regular practitioners on its general operations in entirety, I wish to be categorical that my issue is in respect to only one. I would not, therefore, cast aspersions on the others, whose operations I don’t know about.

This court clerk operates with unbelievable impunity and recklessness. This very same court starts its sessions at will, with no apology and/or explanation for lateness. On the three occasions I went there, sessions didn’t start earlier than 10am.

This court is chaotic and disorderly–worse than all open-air markets combined. The advocates practising there have very low morale as they are treated as subordinates–particularly since the rule of law is thrown out of the window when dispensing justice (if one can call the kerfuffle that!) Those who suffer the most in such an environment are the young lawyers learning the ropes and who aspire to thrive in the profession.

My plea to the Chief Justice, who indisputably has a clean slate as an incorruptible judge with long outstanding service, is to initiate appropriate action with a view to redeeming the court’s image. The grumbles in the court corridors do not augur well for public confidence in the Judiciary.

Mr Sumba is an advocate of the High Court of Kenya. [e-mail]