An open court at Milimani Nairobi presided by Senior Magistrate Caroline Muthoni Nzibe, where the accused who were arrested for advertising Coronavirus testing kits were charged with various counts where the State prosecution objected to the accused being released on bond. PHOTO /CHRIS OJOW


By Chris Ojow

The third arm of the Government has grounded

it’s functions leaving the helpless Kenyans at

mercy of the law enforcement units, who are

oppressing the offenders at the Country Police


The Judiciary shut it’s operations in the wake of

Coronavirus without a clear frame work and

guidelines on how the law offenders will get

Justice in line with the Constitution.

Essentially, the Judiciary would have created an

avenue in an orderly manner where justice is

not grounded but the Kenyan Society with

issues within the corridors of justice are served.

As the Judiciary shuts it’s operations the Police

have been allowed to arrest offenders without a

clear guidelines on how their cases should be

solved, opening an avenue of corruption and


The closure was to avoid crowding at court


But the Matatus, Supermarkets, eating Joints,

leisure places remain open.

In the spirit of fighting the pandemic the arrest

of the offenders should also be suspended for a

period of one month.

CJ Maraga would have directed that only the

accused person, the complainant, the lawyer,

the Magistrate and the prosecutor should be

allowed in a court room.

Shutting down the courts is just but an illogical


The CJ essentially would have ordered

there will be no other participatory in criminal


Limiting the number of persons in courts is a

step in the right direction in containing the

spread of Corona Virus without derailing the

wheels of justice by halting operations as

directed by the Chief Justice.

Suspending cases amount to violation of the

Constitution and the rights of the accused.

And certificate of urgency can only be heard on the same

day they were filed and that’s why they are referred as

urgency, but at the moment certificate of urgency will be

heard after four days.

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