CJ Koome orders Kibera courts to operate on Saturdays to curb abuse of petty offenders

Chief Justice Martha Koome has directed courts in Kibera to operate on Saturdays in a move aimed at ending the practice where people arrested for minor offences on Fridays are held in police cells until Monday.

CJ Koome said the directive will help reduce abuse of suspects, particularly those arrested for petty offences.

She issued the directive in Kibera while officiating at the Judiciary’s Dialogue Day with citizens, an event that was held across the country.

During the nationwide dialogue day, members of the public spoke about their experiences and challenges in their search for justice.

Some complained that suspects accused of serious offences are released on bail too easily, while others said they were not refunded bail or had their bond returned after the conclusion of their cases.

The courts defended the process, insisting that bail is refundable to the individual.

“I was charged bond, I paid, and won the case. When I followed up on the bond, I was told to ask the government. I never got it,” said Elsy Mwendwa, a complainant.

Citizens also raised concerns over delays in the handling of sexual violence cases, calling for the establishment of a specialised one-stop centre to deal with such matters.

“We haven’t yet got a one-stop centre, but we have Tuesdays and Thursdays designated for GBV cases, and we make determinations within six months,” said Irene Kahuya, a senior principal magistrate.

Others questioned the criteria used by courts when issuing bail, arguing that suspects accused of serious crimes are often released.

Leaders at the forum called on the Judiciary to address laws and practices that result in suspects arrested on Fridays being detained until Monday, saying the situation is unfair to petty offenders and creates loopholes that can be exploited by police officers to solicit bribes.

“Why would a drunkard arrested on Friday be held until Monday? Courts should work on Saturdays to issue cash bail,” said Kibera MP Peter Orero.

In response, CJ Koome announced a pilot programme at the Kibera Law Courts, where cash bail and bond will be issued virtually on Saturdays. She said the pilot will be reviewed before being rolled out nationwide.

“I direct Kibera Law Courts to start issuing cash bail and bonds on Saturdays online, before deciding on nationwide implementation,” Koome said.

In Kisii, members of the public raised various concerns, including corruption and how it continues to hinder access to justice within court corridors. Judicial officers there reaffirmed their commitment to accountability and service to the public.

“We come up with ways of resolving issues affecting those seeking justice here,” said Justice Teresa Odera, a judge at the Kisii High Court.

Senior principal magistrate Bernard Mwanza said the public had been informed that justice is not limited to court proceedings.

“Justice isn’t only about coming to court. There are other alternatives, including mediation, to resolve simpler conflicts,” he said.