Justice on sale: How racketeers at Busia courts are exploiting widows

At around 8am, a convoy of motorbikes snakes its way along a dusty road and stops outside a homestead in the Namboboto area, near the Kenya-Uganda border in Busia County. Six sharply dressed men, carrying briefcases, disembark and walk into the compound where members of a grieving family are seated. After two hours, they leave with several documents, having told Jane Wawire, a recently widowed woman, that they would expedite the inheritance process for her late husband's land. He had been buried just a week earlier. To Wawire, the men appeared to be godsend. Unbeknownst to her, she had just fallen into the hands of a shadowy cartel preying on widows. When The Standard later visited Wawire, she was guarded in her responses, saying the men had warned her not to divulge details of their meeting. "I don't want to say much. But what I know is that the 'bond officer' and other judicial officials are helping me with the succession process. They promised I would receive title deeds within a week. I gave them some money," she said. According to Busia Chief Magistrate Edna Ameo Nyalot, Wawire's case is far from isolated. It is part of a broader pattern involving unscrupulous individuals masquerading as judicial officials - a network deeply embedded within the justice system. She revealed that a cartel, operating in collusion with some judicial officers, has transformed court processes into a profit-making enterprise, often leaving already vulnerable individuals in financial ruin. "Some brokers target homes with fresh graves. They approach grieving families, exploit their vulnerability, take their land or money, and promise to fast-track the succession process," said Magistrate Nyalot. One of the most audacious figures in this scheme is a man known locally as the "Bond Officer". Nyalot claims the so-called 'Bond Officer' has acquired large swathes of land by commercialising the process of standing surety for accused persons. "In court, we may issue bond terms of Sh30,000 or Sh50,000, but this 'Bond Officer' charges between Sh150,000 and Sh300,000 to stand surety. This is not justice, it is exploitation," she said. The magistrate further revealed that the individual refuses to issue receipts, and was once arrested and released on a cash bail of Sh10,000 at Busia Police Station. He never appeared in court. A warrant of arrest was subsequently issued - but to date, he remains free. Following multiple complaints, the Court Users Committee (CUC) resolved that the man be barred from standing bond for any accused person. Notices were issued to this effect, but enforcement remains a challenge. An internal memo from Busia Law Courts, seen by The Standard, identifies the man as Dismas Osigwary. "Following the resolution of the Court Users Committee meeting held on 24 July 2025, it was noted that Mr Dismas Osigwary, ID No. 21096105, is a professional surety, commonly referred to as a 'Bond Officer'," the memo reads. "There is no such designation under Kenyan law. Mr Osigwary is not permitted to stand surety for any accused person, as he is known to charge fees ranging between Sh150,000 and Sh300,000. He is also typically unknown to the accused individuals he purports to assist. The commercialisation of surety undermines the constitutional right to bail and bond." Another central figure in the cartel is a woman known to present herself as a mediator, advocate, or even an officer from the Directorate of Criminal Investigations (DCI), often working with the 'Bond Officer'. Her operation is simple but effective: she convinces members of the public that, for a fee, she can influence court decisions. Magistrate Nyalot said many people have fallen victim to her deception. She lamented the silence of the Busia chapter of the Law Society of Kenya (LSK), despite the severity of the situation. "These individuals put our lives at risk. They exploit the desperation of litigants, and in Busia, the number of victims is alarmingly high," she stated. Another internal memo issued by the Court Users Committee identifies the woman as Maureen Ogola. "It was noted that Maureen uses various titles to solicit money from the public. Maureen Ogola is not an employee of the Judiciary nor a mediator. She is barred from accessing court premises or registries," the memo declares. The Chief Magistrate also warned that the cartel's reach extends to serious criminal cases, particularly defilement. "We have seen instances where family members, teachers, and even local leaders collude to shield offenders," she said, adding that many of the victims are teenagers currently held at Korinda Prison. In some instances, she explained, relatives of the accused sell family land to obstruct prosecution, intimidate witnesses, or bribe officials. The border location of Busia, she noted, exacerbates the problem. "The nature and geography of Busia as a border crossing makes it difficult to dismantle these networks. It provides easy escape routes and facilitates movement of brokers between Kenya and Uganda," Nyalot explained. She also alleged interference by the Children's Department in certain cases, including the suppression or delay of critical evidence, which further traumatises victims. "You could lose your life here just for handling such cases. If you stand firm, you face intimidation - or worse," she added. Witness tampering, rogue officers, and open activity by brokers within court corridors are also rampant, she said. "In most courts, standing surety is meant to be an act of goodwill by a financially stable individual to ensure the accused attends trial. But here in Busia, it has evolved into a lucrative racket," said Nyalot. She pointed out that current procedures do not restrict how many accused persons one individual may stand surety for, allowing so-called "professional sureties" to dominate the space. "These brokers often take land titles from families as collateral. In some cases, they keep them permanently. The going rate is Sh150,000 to Sh300,000 per bond. In a busy border town, there's an endless clientele - and no clear system in place to ensure due process," she concluded. Nyalot disclosed that her own life is in danger after spearheading efforts to blacklist both the 'Bond Officer' and the self-proclaimed mediator from participating in judicial processes.

Justice on sale: How racketeers at Busia courts are exploiting widows

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