By PRAVIN BOWRY
I was privileged last month to witness the momentous feat when Kenya won its first Olympic gold medal in the 3000 meters — steeplechase and also see the 9.43 second run of Usain Bolt in the 100 meters finals.
Thank God, though, that I was not dragged to the “Olympic Courts” for my misdemeanours during my three-week sojourn in England!
Olympic Courts? Well, Yes!
During the 2012 Olympics in London (and even in the ongoing Paralympics) various offences were branded as “Olympic Offences” triable by special and ad hoc “Olympic Courts”
Measures were put in place to fast-track the trials of people accused of offences linked to the Olympics, structured on the way offenders were processed after last years riots in London.
Following the riots, hundreds of offenders were processed through the courts within days rather than the usual weeks, and some courts worked through the night.
Crown Prosecution Service, the police and the prison services co-operated with the Magistracy and enabled courts to sit for extended hours, from 8am to 1.30pm and from 2.30pm to 7.30pm, with some courts also sitting on Saturdays and Sundays.
According to the Minister of Justice fast-track courts dealt with more than 84 “Olympic Crimes” during the course of the 2012 Games.
Some cases involved illegal ticket touting. Others related to the use of false documents for identification, theft, burglary and public order offences. Now 36 cases have already been dealt with by the magistrates and 28 have been sent or committed to the main stream Crown Court.
Swifter delivery of justice in England had become one of the Ministry of Justice’s priorities, building on lessons learned from last summer’s riots. A number of courts worked over the weekends and evenings.
Remote video technology was also exploited so that those held on remand in prison did not have to be brought into court for every hearing.
The success of the Olympic courts was presented as vindication of the Ministry of Justice’s policy to speed up courtroom cases.
The Justice Minister Jonathan Djanogly said:
“I am impressed by the dedication and commitment of the courts in dealing efficiently with these cases. It was another example, following the Summer disturbances last year, of how flexible and effective the criminal justice system can be.
I am confident this will continue throughout the Paralympics.
“In the future we plan to continue this efficiency drive by rolling out digital working across the system, removing necessary bureaucracy and maximising the use of video technology to allow more cases to be heard without delay.”
As a result of the success of the Olympic Courts a white paper has been unveiled advocating swift and sure justice for less serious offences involving widespread naming online of those convicted, more witnesses giving evidence via video link and Sunday Court sittings.
Of course many have aired the dissenting view that the system of “rushed justice” was unfair and many solicitors have contended that their clients did not and could not get a fair trial.
Flexible and effective
To expedite dispensation of justice in Kenya there lie many lessons in the Olympic experience.
The 24-Hour Courts, Saturday and Sunday courts, late night court sittings, road side and police station mobile courts, visiting courts in prison all are tested and practical solutions to making the judicial system more efficient.
The biggest hurdle in Kenya is the antiquated Judicature Act which needs to be overhauled to conform to the changed present day situations.
Timings of courts remain imprecise with the Court of Appeal frowning on out of office hours sittings.
I air my perennial complaint against the Judicature Act – the law on Easter, Summer and Xmas vacations are totally unwarranted in Kenyan conditions, but nothing is being done about all these as it suits the holders of officers who can bring about change.
Ad hoc courts can alleviate a lot misery for the culprits who have flouted the law.
Traffic cases, municipal law offenders, soliciting, chang’aa cases, etc should be targeted to be finalised in hours, not days and months.
In the climate of change, a scheme of voluntary magistrates is also warranted.
Why the law of lay magistrates under the Justice of Peace Act was abolished is a not known but Advocates and the Law Society of Kenya should be able to set up a scheme where Advocates, and experienced and retired court officers can voluntarily serve the cause of justice by sitting weekly, monthly or daily.
Justices of Peace are lay unpaid volunteers appointed as magistrates who relieve the mainstream judiciary of very substantial workload.
Presently there are over 28,000 public spirited citizens in England Wales who dispense justice as Justices of Peace.
A voluntary brigade of Kenyan Justices of Peace could deal with mainly the mundane judicial matters. The Olympic experience, if adopted in Kenya, can earn Kenya a gold for the justice system.
The writer is a lawyer.
bowryp@hotmail.com
