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
Stations.
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
bribery.
The closure was to avoid crowding at court
stations.
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
drama.
The CJ essentially would have ordered
there will be no other participatory in criminal
cases.
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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