Crisis in Kenya's Coast region after mass transfer of magistrates

MOMBASA: A crisis is looming at the Coast after mass transfer of magistrates.

Now both defence and prosecution teams are worried that handing over of terrorism and drug trafficking files to new magistrates may lead to a backlog.

The Law Society of Kenya (LSK) Mombasa branch said the abrupt changes could delay delivery of justice by up to two years in some cases.

The lawyer’s body said Mombasa is among the most affected stations after seven magistrates were moved to Nairobi and other stations, including one who was promoted to a judge Tuesday by President Uhuru Kenyatta.

LSK local branch chairman Eric Nyongesa said the problem had further been compounded by transfer of court clerks, bailiffs and other support staff, including 59 paralegal officers who were previously attached to the Mombasa Law Courts.

Mr Nyongesa said the simultaneous transfer of magistrates and clerks and other staff means “it may take more than three months to stabilise the court system in Mombasa.”

The Standard has established that only seven magistrates are remaining at the Mombasa Law Court’s civil division that previously had 13.

Our investigations also established that the Mombasa station currently only has five paralegals.

Nyongesa said it would still take time to normalise operations even if more paralegals were to be hired immediately.

He said most of those transferred from Mombasa have been at the station for decades, adding that the transfers should have been done in phases.

“Transfers are normal, but we have a problem with the way they have been done. You cannot have reforms which grind to a halt the wheels of justice. You cannot transfer seven magistrates from one division at a go and then have 59 paralegal staff transferred at the same time,” said Nyongesa yesterday.

TERROR SUSPECT

He said transfers are less disruptive if phased out and done at the end of the year.

Among those transferred include Senior Principal Magistrate Joyce Gandani, who was heading the civil division at the Mombasa Law Courts.

Gandani has been presiding over the trial of British terror suspect Jermaine Grant, other big graft cases and chaired the proceedings that led to the sentencing of 26 ex-soldiers to life imprisonment for desertion.

Kwale Senior Principal Magistrate Elizabeth Usui and Mombasa Principal Magistrate Samuel Gacheru, who are part of the team that heard the cases at the military courts at Mtongwe Naval Base, have also been transferred. Gandani has handled Grant’s case since 2012 and only one prosecution witness had not testified.

Mombasa Chief Magistrate Maxwell Gicheru, who was hearing the extradition case against the sons of the slain drug baron Ibrahim Akasha Abdallah and their foreign accomplices, has also been transferred to Embu.

Gicheru was also presiding over the trial of a father and son charged with harbouring slain Al-Qaeda mastermind Fazul Harun Muhamed, and Sh1.3 billion drug trafficking cases.

Others transferred from Mombasa include Principal Magistrate Justus Kituku, who was hearing the Sh44 million ivory trafficking case against 11 suspects, and James Ombura from Shanzu Law Courst in Shimo La Tewa who was moved to Voi. Ombura was also presiding over terrorism cases. Kituku’s new station is unknown.

Yesterday, Senior Principal Magistrate Mr Richard Odenyo had a hectic day presiding over the mention of the caseload of eight magistrates all by himself.

NEW CASES

Defence lawyer Jared Magolo likened the mass transfers to the failed purge in the Judiciary that led to delays in conclusion of cases in 2003.

A spot check at the courts found that most of those in remand after failing to raise fines may stay in custody even longer due to a shortage of judicial staff to facilitate their release or payment of the fines.

We also established that filing of new cases has stalled since Monday because the five clerks remaining at the registry cannot cope with the workload.

“Now you cannot file any cases in the Mombasa court registry because there are only five clerks who cannot cope with all files in the civil, criminal and other divisions,” said Nyongesa.

At the Malindi Law Courts, three secretaries, eight court clerks and two support staff were transferred, besides Senior Principal Magistrate Liz Gicheha who moves to Nakuru.

And at the Kilifi Law Courts, Principal Magistrate Addah Obura left the station for the Milimani Law Courts in Nairobi and was replaced by Dominic Nyambu, who has been the deputy registrar for the Milimani law courts.

Edward Ochieng, a chief inspector of police in charge of prosecution in Kilifi, said that Obura left many cases midstream.

Also moved from Kilifi are senior clerical officer Francis Bandika, who moves to Mombasa, and two secretaries taken to Kwale and Kilgoris.

Judiciary spokesman Naim Bilal did not answer calls.

—Reporting by Willis Oketch, Paul Gitau, Tobias Chanji and Joseph Masha