| :: The Real Vioja Mahakamani
18 February 2008
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?
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