Most of my legal education I have garnered from the TV show "Vioja Mahakamani" (My translation, "drama in court"). This TV show has a court with a magistrate and a prosecutor and everything. Unlike in the American TV, there is never a defence lawyer. In a typical episode, the prosecutor brings several witnesses to testify. Each witness testifies and is then "cross examined" by the accused. After all the witness finish testifying, the prosecutor makes his closing statement and urges the court to punish the defendants "ili iwe funzo kwao na wengine walio na tabia kama yao" (as a lesson to them and those who would commit similar acts). The prosecution then rests its case. The magistrate then asks the court clerk to inform the defendants of their options to defend themselves. They are three and include; they will be stay where they are and can defend themselves. If they have witnesses they can call them. Their second option is to cross over to the witness stand and defend themselves. The third option for them is to stay where they are, keep quiet and wait for the court to pass sentence. After they have given their defence (usually the first option), the magistrate tells them which law they have broken and passes the appropriate sentence.

I bet he has a pinstriped suit underneath

So when the judiciary decided to have an open day this past week, I decided to make a beeline to the KICC and see if perhaps this was what really happened in Kenyan courts. First thing you note is the number of suits at the KICC. Boy. There were so many suits that day. There is surely a reason why I am a lawyer. The number of pin stripes I saw that day just got me wondering. I always that weird TD Jakes look (pinstripes suits - the jacket half way to the ground) was only restricted to the LSK boss I see talking alot on TV. I guess every lawyer has one in his or her wardrobe. Or maybe its part of the uniform one has to wear to pass the bar. Like those wigs of theirs.

Away from the clothing of choice. The open day was more exhibition style with the various parts of the judiciary having stands where they could explain to the public what they did. The stands were too many. The common them of the who event was the tag "haki iwe ngao na mlinzi" (justice be our shield and defender). And they seemed to be leading us to the judiciary website at www.judiciary.go.ke.

And the stands were quite a few. The stand of the National Environmental Tribunal really stood out for me. This stand showcased the tribunal who's work is to be the last abitrar if you are affected by the National Environmental Management Agency (NEMA) which is Kenya's equivalent of the American Environmental Protection Agency (EPA). And there was the Law Society of Kenya (LSK). And the Federation of Kenya Women Lawyers (FIDA). I cautiously passed by this stand making sure that I didn't say anything that is likely to betray my chauvinistic tendencies. However, I noticed that the stand had men as well as women. I meekly asked if men worked at FIDA offices and the lady there was indignant. Off course we do! I fled. I was hoping to run into the Men Against Women Empowerment (MAWE) but I guess they were too busy sorting out Jimmy Kamangu's dramas.

The Kadhi's court stand was really funny with some Christians camping there to argue the merits (of Christianity) and demerits of Islam as a religious system of arbitrating issues. That was quite funny to watch as the Muslim kadhi guys patiently explained their position and the Christian lads with their rucksacks animated in defence of their faith. Good stuff. And there is the Association of Judges and Magistrates run by my Pauline. Here I ran into old pal Opimbi. Back then he was working for GTZ Prosyr and here he was working with the judges association. Here was also working on a new product with the Kenya Anti Corruption Authority that would enable people who are corrupt to be exposed using ICT. Watch this space on this product.

Apart from the many stands, there was this documentary about the judiciary (that voice over was Winnie Mukami surely!). The documentary showed how the judiciary has evolved over the last few years. It seems that the main thrust of the documentary was that the judiciary needed to have financial independence to be truly independent. Good luck with that Chief Justice. All I ask is that you try and get some fashion independence while your about it. Pinstrip suits and wigs... no.

About the live court proceedings, I really can’t tell you either way where it’s like Vioja Mahakamani. Who is going to head to KICC on a sato morning to check out another enactment of Vioja Mahakamani surely? Anyone volunteering to be arrested and I check out their case?

Comments

B

i

u

Quote

Code

List

List item

URL

Name *
Code   

Submit Comment