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LETTER TO THE CHIEF JUSTICE
bwenyenye
#1 Posted : Wednesday, March 21, 2012 3:00:42 PM
Rank: Elder


Joined: 5/24/2007
Posts: 1,805
Bw Chief Justice,

It is good to have a sober person at the helm of our justice system. At least one who has faced injustice of the same system in the past. Being the good fellow that you have become, allow me to give you some feedback of you Justice System from a mwananchi's point of view.

Congratulations on the marvelous court building that you are now working from. Notwithstanding the shoddy work you showed us, you have tried to make it look very nice. In fact, I did not notice any of those things the cameramen spent 30 minutes beaming to our living rooms. It is a much more better place to work in than the normal ministry offices.

Now, a friend of mine called me about 7.30 a.m two days ago telling me that he had been arrested by traffic officers while driving on the wrong side of Kibaki Super highway.( I still do not understand how the cops determined that yet it was not marked). Anyway, being the good guy, he was duly escorted to the police station and informed that he would be charged with the offence.

By 8.30 a.m the Kenya Police had served him efficiently by ensuring that he was in custody at your basement cells. Now that is where his woes began.

I left the office at 10.30 and was at the Milimani complex at about 11.20 a.m. The guys at the main gate asked me for my ID which I gave just to avoid issues. On getting inside, I saw a looong snaking line of people. In fact I feared that there was another check only to be told that those were guys who were leaving. The queue was about on mile long snaking away around the inner compound of the building. Believe me. Then I figured, the fellow at the gate just took my ID and issued me with a blue tag! He never wrote anywhere. How was I going to get my ID with this mile long queue.

Anyway, I moved on to sort out what took me there. I was pleasantly directed to traffic Court no. 7. You have quite good staff by the way.

As I was going down the corridors I read a notice;

THE ACCUSED CANNOT PAY HIS OWN FINE. HE MUST ORGANIZE WITH A RELATIVE TO PAY ON HIS BEHALF.
ALL FINES EXCEEDING KSHS 1000 MUST BE PAID TO THE KCB BRANCH xxxxxx;....(ONO)

Then I understood why there were so many people. Everyone who was to appear before your officers must have a relative or two outside. These are the effects of your orders sir.

Now the poor guy's case was read out at 2.30 ( a whole 6 hours later)and as is the norm in the Traffic court 99% agree. By the way, the court was so small only the accused were allowed in.They were like 200 from my estimation.

How was I to know how much my friend had been fined? Then you go to the registry and wait for the names to be called out dispensary style. Then get a note, go up to KCB queue to pay, queue to get three copies then comeback down, get my friend then leave. By that time, it was 5.30 p.m. If there was a cash bail, you then follow it up.

A few Questions with utmost respect Sir:

a) Why cant the accused be allowed to pay his own fine? Why are you creating a crowd by insisting on relatives to waste a whole day creating a security threat then install all those checks

b) Sir, why not put in a system where computers handle the human logistics where need be. It would be good if the accused's records are computerized. It would really save a lot of time..

c) If the accused is willing to 'kubali' why waste his whole day (and that of his relatives)waiting to say 'nimekubali' then ask him to pay. Why not create a system where everyone who is guilty signs and pays pronto in Cash or M- Pesa? I am sure that even if the MPs have not legalised spot fines, you can do something boss within the court processes.

d) If the accused has a cash bail, what is the point of asking him to find more money to pay the whole fine then chase his cash bail? A net off is much better as the amounts are about the same. No wonder they sang, ' Jela ni ya Maskini' All you need for this is a simple ERP.

e) I do not see what purpose taking IDs at the gates serves. The security check is good enough. You will reduce crowds in your posh courtrooms and reduce greatly the appetite for the blood thirsty fellow.

Sir, You do not need to respond in writing. Just ACT.

With utmost respect sir

Bwenyenye.

Anyone can forward this to Bw Willy if you have access to his mail. Or even the pretty lady who I see on TV every time the courts are mentioned n TV. Sorry I forget her name.

Let us make a better Kenya.


I Think Therefore I Am
McReggae
#2 Posted : Wednesday, March 21, 2012 3:24:56 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Hey bwenyenye, I just tweeted him the link to this post, I hope he gets the time to read it and act, kudos for your observations!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
bwenyenye
#3 Posted : Wednesday, March 21, 2012 3:43:39 PM
Rank: Elder


Joined: 5/24/2007
Posts: 1,805
McReggae wrote:
Hey bwenyenye, I just tweeted him the link to this post, I hope he gets the time to read it and act, kudos for your observations!!


Thanks man! Most appreciated. I think I need to get to learn to use this twit business! lol!
I Think Therefore I Am
alma
#4 Posted : Wednesday, March 21, 2012 3:45:37 PM
Rank: Elder


Joined: 7/20/2007
Posts: 4,432
@Bwenyenye you are a God sendApplause Applause

I once spent a whole day in those dens just to pay a 500 bob fine.

I think justice delayed is against the constitution. What if I was travelling with all my relatives and we were all in the cells. Does that mean that we all spend the night at Industrial Area simply for 1000 bob?

That traffic court has become a taxation point for the courts. They have to pretend they are doing something so they send the whole country and its relatives there. No wonder its easier to bribe the cop than go pay a fine.

EDT: hata mimi nimetwirra hii maneno
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
nostoppingthis
#5 Posted : Wednesday, March 21, 2012 4:14:52 PM
Rank: Chief


Joined: 8/24/2009
Posts: 5,909
Location: Nairobi
McReggae wrote:
Hey bwenyenye, I just tweeted him the link to this post, I hope he gets the time to read it and act, kudos for your observations!!


The CJ normally responds well on twirrer....let's see this work out...asante @Bwenyenye and @McDoba ....the time I've wasted there sometime back was unbelievable (productive time ya kujenga nchi)!!!Sad

Now that he has the wazua link, yeye pia anaweza kuwa "User" ama "Member"
McReggae
#6 Posted : Wednesday, March 21, 2012 4:29:38 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
nostoppingthis wrote:
McReggae wrote:
Hey bwenyenye, I just tweeted him the link to this post, I hope he gets the time to read it and act, kudos for your observations!!


The CJ normally responds well on twirrer....let's see this work out...asante @Bwenyenye and @McDoba ....the time I've wasted there sometime back was unbelievable (productive time ya kujenga nchi)!!!Sad

Now that he has the wazua link, yeye pia anaweza kuwa "User" ama "Member"


Yeye atakuwa bonafide member if he joins!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
kingfisher
#7 Posted : Wednesday, March 21, 2012 4:31:00 PM
Rank: Elder


Joined: 4/9/2008
Posts: 2,824
Office of The Chief Justice: chiefjustice@judiciary.go.ke

Office of The Deputy Chief Justice: deputycj@judiciary.go.ke

Office of the Ombudsman Email: servicedesk@judiciary.go.ke

General: info@judiciary.go.ke
When I have money, I get rid of it quickly, lest it find a way into my heart.
chemos
#8 Posted : Wednesday, March 21, 2012 4:40:03 PM
Rank: Elder


Joined: 11/28/2006
Posts: 1,799
@Bwana bwenyenye.. nice piece.. spot fines should actually be done kwa barabara ama police station.. hi maneno ya kuigisha kila mtu korokoroni haijengi nchi.. just wasting time and taxes.. by the way are the state visitors given any lunch while waiting for all this issues to be sorted?

Sasa hata mimi bado nangoja fine yangu iripwo rakini sina madugu wa kuniripia.. ure arikuwa rafiki yangu sana Magigi pia yeye aritupwo huku dani..
Naoba bwana wirry asomeee hiyo twity na atuhurumie... huku tumeteswa sana na bibi admin na hataki hata kusikia pore zetu..
chiaroscuro
#9 Posted : Wednesday, March 21, 2012 8:46:16 PM
Rank: Veteran


Joined: 2/2/2012
Posts: 1,134
Location: Nairobi
This is ridiculous; No. This is PLAIN STUPID!!

Why is an accused person not allowed to pay his own fine? What if you are a transit driver just passing through from Kisumu to Mombasa? You have no friends in Nairobi. It's just STUPID!

In earlier days, the accused would be called out and those would "kubali" the charges would be huddled to one corner of the courtroom. Then a cashier would come to the court room (escorted by an AP) collect all the fines and then all would pay papo-hapo and go home.

======

Long long ago (the 1980s), it used to be easier than spot fines. The traffic cop would give you the ticket. If you wish to plead guilty, you would sign at the back and send it to the relevant magistrate by registered post within 14 days of the offence.

The magistrate would then decide on the fine and write back to you informing you of the same and give you 14 days to pay at THE NEAREST COURT (or by money order to his/her court).

If you failed to pay, an arrest warrant would be issued pronto for you and the vehicle. And trust me, the police used to catch very many fine-jumpers. Even matatu men never used to joke with those warrants (popularly known as "warandi").

Why can't same be done?

LAZINESS!!!
Elder
#10 Posted : Thursday, March 22, 2012 7:17:12 AM
Rank: Elder


Joined: 9/7/2010
Posts: 2,148
Location: elderville
chiaroscuro wrote:
This is ridiculous; No. This is PLAIN STUPID!!

Why is an accused person not allowed to pay his own fine? What if you are a transit driver just passing through from Kisumu to Mombasa? You have no friends in Nairobi. It's just STUPID!

In earlier days, the accused would be called out and those would "kubali" the charges would be huddled to one corner of the courtroom. Then a cashier would come to the court room (escorted by an AP) collect all the fines and then all would pay papo-hapo and go home.

It is the way the system is set. Due to among other things the 'disappearing' of money in between the time it is paid and the time it is banked the Judiciary decided that amounts over 1k, I think, had to be paid direct to the bank. This effectively means that a traffic 'convict' cannot pay for his/her fine.

Agree with you that it is nonetheless stupid and the system ought to be changed.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
alma
#11 Posted : Thursday, March 22, 2012 8:02:00 AM
Rank: Elder


Joined: 7/20/2007
Posts: 4,432
Elder wrote:
chiaroscuro wrote:
This is ridiculous; No. This is PLAIN STUPID!!

Why is an accused person not allowed to pay his own fine? What if you are a transit driver just passing through from Kisumu to Mombasa? You have no friends in Nairobi. It's just STUPID!

In earlier days, the accused would be called out and those would "kubali" the charges would be huddled to one corner of the courtroom. Then a cashier would come to the court room (escorted by an AP) collect all the fines and then all would pay papo-hapo and go home.

It is the way the system is set. Due to among other things the 'disappearing' of money in between the time it is paid and the time it is banked the Judiciary decided that amounts over 1k, I think, had to be paid direct to the bank. This effectively means that a traffic 'convict' cannot pay for his/her fine.

Agree with you that it is nonetheless stupid and the system ought to be changed.


So this is like another Konza. Instead of dealing with the problem you come up with SUPER duper ideas.

The problem is not that money is disappearing from their coffers. The problem is that they have HIRED untrustworthy officials. The money will still disappear at the bank or under the mattress if you hire thieves.

So as the chief hirer, it is Mutungas problem.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
bwenyenye
#12 Posted : Thursday, March 22, 2012 10:37:04 AM
Rank: Elder


Joined: 5/24/2007
Posts: 1,805
chemos wrote:
@Bwana bwenyenye.. nice piece.. spot fines should actually be done kwa barabara ama police station.. hi maneno ya kuigisha kila mtu korokoroni haijengi nchi.. just wasting time and taxes.. by the way are the state visitors given any lunch while waiting for all this issues to be sorted?

Sasa hata mimi bado nangoja fine yangu iripwo rakini sina madugu wa kuniripia.. ure arikuwa rafiki yangu sana Magigi pia yeye aritupwo huku dani..
Naoba bwana wirry asomeee hiyo twity na atuhurumie... huku tumeteswa sana na bibi admin na hataki hata kusikia pore zetu..


@Chemos.. The guy tells me they were not given anything the whole time he was there.... over 8 hours boss.

@Alma.. I agree, the public should not bemade to suffer thieves in the court system.

Another surprising announcement I read was at the registry...' BEWARE OF PICKPOCKETS'

I know it was put there in good faith after a few incidents so I actually reached out to feel whether my wallet was still there.... But then again I thought to myself, how can pick pocketing be allowed to thrive in such a secure environment where almost a fifth of the people are uniformed policemen and I am sure many more in civilian clothing...

Yet again, the systems of paying fines in cash has created an environment of people carrying around a lot of cash as well as create opportunities for currency to disappear between the judiciary and the bank. It is amazing the impact of policy decision.
I Think Therefore I Am
FundamentAli
#13 Posted : Thursday, March 22, 2012 12:03:00 PM
Rank: Veteran


Joined: 11/4/2008
Posts: 1,289
Location: Nairobi
I thought the law was amended for instant fines (like they do it in the first world) during the finance bill of 2010. Why have the police been slow in implementing this changes?
Dash
#14 Posted : Thursday, March 22, 2012 12:14:54 PM
Rank: Member


Joined: 3/24/2010
Posts: 677
Location: Nairobi
[quote=chiaroscuro]This is ridiculous; No. This is PLAIN STUPID!!

Agreed. It is called thinking harder not smarter.
Gordon Gekko
#15 Posted : Monday, March 26, 2012 9:53:22 AM
Rank: Elder


Joined: 5/27/2008
Posts: 3,760
Who saw @mukiha's liner in the Cutting Edge on Saturday on this matter?
chemos
#16 Posted : Monday, March 26, 2012 9:56:12 AM
Rank: Elder


Joined: 11/28/2006
Posts: 1,799
Gordon Gekko wrote:
Who saw @mukiha's liner in the Cutting Edge on Saturday on this matter?



Saw it... Cutting edge have soft spot for this Wazua Elder..
chemos
#17 Posted : Monday, March 26, 2012 9:58:55 AM
Rank: Elder


Joined: 11/28/2006
Posts: 1,799
Gordon Gekko wrote:
Who saw @mukiha's liner in the Cutting Edge on Saturday on this matter?



Saw it... Cutting edge have a soft spot for this Wazua Elder..
McReggae
#18 Posted : Monday, March 26, 2012 10:02:55 AM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
chemos wrote:
Gordon Gekko wrote:
Who saw @mukiha's liner in the Cutting Edge on Saturday on this matter?



Saw it... Cutting edge have a soft spot for this Wazua Elder..


I did not, exact words used?
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
essyk
#19 Posted : Monday, March 26, 2012 10:24:35 AM
Rank: Elder


Joined: 11/15/2011
Posts: 4,518
This is serious and backwards.Sad
Just wondering how far that bank is from the court rooms plus the two and fro zigzag movements kenyans make daily.
The Kenyan system loves queues knowing very well it wastes so much time and results in backlog of work.

Queue to enter premises,queue to be served,queue to bank,queue to wait for ur name to be called out,queue on your way out, then meet jam.

Why kenyan officials love crowds knowing they pose a security risk amazes me.Even the environment suffers.
Nway.
"The true measure of a man is how he treats someone who can do him absolutely no good.
Impunity
#20 Posted : Monday, March 26, 2012 10:29:13 AM
Rank: Elder


Joined: 3/2/2009
Posts: 26,328
Location: Masada
McReggae wrote:
chemos wrote:
Gordon Gekko wrote:
Who saw @mukiha's liner in the Cutting Edge on Saturday on this matter?



Saw it... Cutting edge have a soft spot for this Wazua Elder..


I did not, exact words used?


Yeah, exacts word used but summarized to fit into the cutting age, the message was clear.
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