Naivasha magistrate’s wardrobe idea wins praise, gives suspects confidence

By Antony Gitonga

Naivasha, Kenya: In the packed courtroom, tens of accused wait for the magistrate to enter, some unsure of their fate. There is an endless movement of lawyers and policemen in the courtroom.

“Kila mtu azime simu yake ama awekwe ndani!” a heavily built officer bellows. Members of the public quickly peruse their bags and pockets to confirm whether their mobile phones are off.

A few minutes later, a court clerk enters into the court carrying a heap of files, which he drops on a nearby table before leaving. He returns almost immediately and bangs the door to signify that the magistrate is coming and all present must rise.

Once settled, the clerk calls out names of the accused who line up as the magistrates starts listening to various cases.

In and out of the court goes suspects, witnesses and lawyers all dressed smartly and many out to impress as the day wears on.

However, a robbery with violence suspect makes heads to turn as he is escorted into the court for the mention of his case.

His shirt is torn, shoes worn out and his fingers clings to his worn out trousers, to keep it from falling off; It’s buttons and zip long gone.

The suspect is unable to follow court proceedings as he fumbles with his falling trousers. He leaves the dock diffidently, in a hurry as if to avoid the sharp eyes trained on him from all sides.

For years, this has been the norm in the country’s courts as suspects who cannot afford decent clothes arrive in court in tatters.

Fortunately for Naivasha inmates, the local court has opened a wardrobe to help remandees appearing before it hide their nakedness.

According to outgoing Naivasha Chief Magistrate Stephen Githinji, tens of inmates have already benefited from the programme.

“Many of the inmates in remand cannot afford decent clothes when appearing for their cases and this programme is targeting them,” he says.

Githinji, who has been appointed as a High Court judge but is yet to be sworn in says he conceived the idea in early 2012 and it was adopted by the court users committee.

“The court users committee and donors have bought the idea and we have a register where all the needy cases are catered for,” he says.

So far, remand prisoners in Narok, Nkubu and Naivasha law courts, where he has served have benefited, with other magistrates across the country buying the noble idea.

The judge says he decided to start the programme while working in Narok when a remandee requested the court to allow him to be absent during the mention of his case.

tattered clothes

“The suspect said that he could not get clothes to appear during the mention of his case as he was forced to hire them in prison and he had run out of cash.

“I decided that I would open a court wardrobe in every court that I served and I’m glad that the programme has worked,” he says with a smile.

According to the officer-in-charge of the court wardrobe register Elphas Baraza, so far 65 suspects, including three women have benefited from the project.

He says a suspect can apply to a magistrate for clothes if he cannot afford and his condition is assessed in court before the order is issued.

“A magistrate can also look at the status of the suspect and direct that he or she be assisted,” he says.

Baraza, who is also a court clerk, says that they have a register where all the beneficiaries are listed to avoid cases of some coming for more clothes.

During the opening of the new Naivasha Law Courts, Chief Justice Willy Mutunga was full of praise for the wardrobe project and Mr Githinji, the man behind the idea.

Mutunga noted that the project had given inmates dignity. “I am pleased by this idea and other courts should borrow a leaf from our brothers and sisters in Naivasha Law Courts,” he said.

The officer-in-charge of Naivasha Prison Patrick Mwenda says the programme had come in handy as some inmates are usualy forced to go to court in tattered clothes.