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