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Court operations grind to a halt as Maraga directive takes effect

Tuesday, March 17th, 2020 00:00 | By
Milimani Chief Magistrate Francis Andayi gives directions about the mention and hearing dates at the courts main gate, Nairobi, after the members of the public were locked out. Photo/PD/CHARLES MATHAI

Services at law courts across the country were yesterday paralysed following Chief Justice David Maraga’s suspension of the hearing of civil cases as a measure to tame the spread of coronavirus. 

In Nairobi’s Milimani courts, the entrance of the premises was closed and hundreds of members of the public who by 8am had arrived for the hearing or mention of their cases were turned away. 

Some protested Maraga’s decision to suspend the hearing of their cases, saying they had not been given specific directions.

They raised fears that warrants of arrest against them could be issued for failing to appear in court as scheduled.

But Milimani Chief Magistrate Francis Andayi allayed their fears, explaining that accused persons facing criminal charges would not be arrested for failure to appear in court.

“We would like to inform all the accused persons facing criminal charges that court activities have been suspended for a month until April 15,” said Andayi. 

Zephaniah Omwamba, an auctioneer who had come to court to seek break-in orders, said he was turned away.

A pilot charged in connection with the Sh39 billion arms scandal involving former Sports Rashid Echesa was brought to court but was turned away and the police advised to give him bail.

Obado case

According to Maraga, matters involving traffic offences, fraud, theft, assault, corruption, creating disturbance and incitement to violence would be handled at the police station.

Among the cases that were affected include the murder trial of Migori Governor Okoth Obado and two others, graft case against former Transport CS Michael Kamau and plea taking of Nakuru-based businesswoman Lucy Waithera accused of killing a Belgian woman.

Normal court operations in the entire Coast region came almost to a standstill as the judicial officials heeded Maraga’s directive.

A memo to all officials advised that members of the public would not be allowed into the court premises except those filing urgent matters.

Urgent matters

“Our earliest statement that all staff are expected to report to work is superseded by the government directive that employees be allowed to work from home except those working in critical or essential services,” the memo stated.

At the Nakuru law courts, litigants and lawyers were disappointed as proceedings were put on hold.

Those who arrived at the premises were turned away at the gates. Only urgent matters were relayed through the registry.

The courts were deserted with only the duty magistrate and judge available to handle urgent matters.

The court administration had fixed hand sanitisers on every entrance.

Rift Valley Law Society of Kenya president Ochang’ Ajigo said he was surprised with the number of litigants who milled the court entrance despite a directive barring members of the public from visiting courts.

“This is a global pandemic that has to be contained even if it means suspending activities. But I think some had to come and see for themselves if the directive was in effect,” Ochang’ told the media outside the court premises.

He said that though cases will be delayed, the courts have no option but heed to the directive. 

“We all want an end to this mess and we hope that it will be contained and allow normal operations. At the moment, as patriots, we have to oblige with the directives,” he added. —Reporting by Nancy Gitonga, Roy Lumbe and Sophie Njoka

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