Years ago, I undertook my judicial attachment under a Senior Principal Magistrate, in the criminal division of Milimani Law Courts. The magistrate would normally give me and my fellow student, her case files to go through and practice writing judgments . One of the cases involved a parking boy who had been accused of stealing a car radio. The evidence was circumstantial at best. He was in the general vicinity when the complainant found his car broken into and the radio stripped out. There were no witnesses and the radio was not recovered. However, the parking boy being a "parking boy" was the prime suspect. He was charged and presented before court. When I went through the case file, I carefully applied all the principles I'd recently learnt in my Evidence and Criminal Law class. Burden of proof beyond reasonable doubt, he who alleges just prove, actus reus etc. I ultimately concluded that the prosecution had failed to prove their case and I "acquitted" the accused. To my surprise and consternation, the magistrate had a different conclusion. She found the unrepresented man guilty and gave him a custodial sentence. Later in her chambers, I questioned her decision. Her response sent a chill down my spine: "if I'm wrong, he can as well appeal". I thought it was beyond cruel to imprison someone with so little basis in law, when there was a good probability they were innocent.
Sadly it wasn't the last time I was to hear that sentiment. Recently a judicial officer said the exact same thing to me when I brought up the question of quality of judgments. That way of thinking is not an outlier. It seems there is a lot less rigour by JOs in subordinate courts in writing judgments with the excuse that they're overburdened and that the aggrieved party could always appeal anyway. Instead they churn out shoddy judgments in order to meet monthly quotas set down by @jsckenya. It's symptomatic of a @Kenyajudiciary that has lost focus in the critical role it plays in society when JOs are seen as little more than conveyor belts. The courts should be a forum where those who've been wronged can access justice, it should not be a place where the people are just numbers on a spreadsheet. It is a terrible thing when these officers lack empathy to appreciate the impact that their decisions have. A bad decision can be the difference between a child attending school or being sent home, a single mother being kicked out for rent arrears, a startup going belly up and adding to youth unemployment. A bad decision can alter the course of one's life irreparably.
I hope the CJ takes seriously the critiques by advocates and litigants on poorly written judgments and supports the end of basing performance of judicial officers on quantity of judgments and instead bases performance on the quality of the judgments. I'm afraid that if quick action is not taken, public confidence in the courts ability to resolve disputes fairly will ebb; lawyers will lose their relevance; and extrajudicial means to resolve disputes will become the favoured approach by wronged people.
You get invited if you have WORTHY advice to give anyone. Unfortunately, here, my friend @WilliamsRuto, the only advice you could ever get is on STATE CAPTURE,Extrajudicial Killings-R.Yala , Impunity,grand family driven looting, playing a small god,self and family ahead of Country, handshakes to facilitate looting etc.. you DO NOT need any of these.
MOTHERS of Songa location in Marsabit Central Sub-County (and other residents) who have been battling with deplorable roads on Saturday mobilized themselves to repair a section of the road connecting Songa to Kituruni.
🎥 Amateur
#VORNewsUpdate
@WilliamsRuto this guy has spoken on my behalf,I am here in Marsabit,in the scorching sun waiting for an appointment from my president.I am a present leader looking forward for mentorship
Extending the term of UHC health workers under same terms for 3 years is utter unappreciation and contempt to their hardwork and sacrifices during Covid-19 scourge. We shall continue demanding for PnP terms, parity of treatment is not a privilege. @KenyaGovernors@MOH_Kenya
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@BaloziYatani Not in the name of people of Northern Kenya- you used that position to benefit yourself and cronies. You were amongst others, the cause of conflict in Marsabit County and even to an extent of dividing your community in politics for your own good. Such a selfish man. Shame!
Drought in Northern Kenya-Laisamis constituency, Marsabit county, everybody is thirsty,the transporter quenches thirst first before taking water to the kids,100's KM away.Pray for rain,pray for us,support us #queensfuneral@StateHouseKenya@WilliamsRuto