Judge talks about graft, ills in Judiciary at prayer event

Chief Justice Martha Koome prayer and fasting ceremony to mark her first anniversary at the helm of the judiciary on Friday turned into a theatre of confession. 

In a moment of honesty under spiritual conviction, top judicial officials got triggered to confess the aberrations in the justice system.

While leading his colleagues in a prayer of confession, presiding judge of the Environment and Land court Samson Okong'o said judges were the weak links in fighting all that is bad in Kenya.

"We have engaged in several acts of immorality, Lord for sure, that would not have been your purpose for us being here in the judiciary," he said in a prayer.

He said the judges have acquitted murderers and people who pillage public money and properties in exchange for bribe.

Also, that judges have looked the other way as drug barons, land grabbers and criminals frustrate the court processes, allowing them to delay the wheels of justice as long as they line their pockets with loads of cash.

"...we confess as the judiciary, that we have blood in our hands. We have acquitted murderers in exchange for money . We have destroyed the lives of the youth through drugs by releasing drug barons at a fee," he said.

"Lord of glory we have made decisions in our courts based on our personal political, social and economic beliefs and leanings rather than the law."

The judges said that they have allowed favouritism to lace their consideration of matters and that the poor flocking the court rooms have not had a fair shake. 

"Lord of glory we are before you confessing our sins. Lord we have shown favouritism in our decisions,"Okong'o said. 

"The poor that come to our courts to seek justice and protection of the law have not found justice in our courts. Lord we have delayed justice.

"....we are confessing that we have sinned not only against you but we have also sinned against man."

The judges confessed to showing favouritism in their decisions, professional misconduct and guilty of keeping quiet and allowing corruption to thrive in their midst.

The confession by the judges corroborates the loud frustration by President Uhuru Kenyatta, even accusing the judiciary of being the weak link in the fight against corruption. 

Uhuru cited the case of Baktash and Ibrahim Akasha who were arraigned in court on drug trafficking charges.

The two lead a multinational complex drug trafficking syndicate. 

The cases dragged on for years but when they got extradited to the United States, their conviction was arrived at in record time. 

On October 24, 2018, they pleaded guilty in a United States Federal Court to conspiracy to import and importation of heroin and methamphetamine.

Conspiring to use and carry machine guns and destructive devices in connection with their drug-trafficking activities, and obstruction to justice.

In August 2019, Baktash was convicted to 25 years in prison, and in January 2020, his brother Ibrahim received a sentence of 23 years.

Koome hosted the first of its kind prayer and fasting day for the Judiciary as she marked her first year in office as CJ.

Religious leaders, Attorney General Kihara Kariuki,judges, and other judicial officers attended the event held at Supreme Court grounds.

The clergy prayed for the judges to be able to navigate through the aftermath of the forthcoming elections and that the country remains peaceful.

Koome said the judiciary has made progress under her leadership citing a case clearance rate of 87 per cent with a total of 328,104 cases concluded.

During this period, the judiciary managed to reduce cases backlog, which is cases that have been in the system for more than three years by 14 percent from 375,822 to 322,169.

Additionally cases of over 5 years were reduced by 19 per cent from 150,376 to 121,130 cases.

Koome further expressed her gratitude for the increased budgetary allocation of Sh1 billion.

This year the Judiciary was granted Sh18.9 billion compared to the previous allocation of Sh17.9 billion.

She called on the Executive and Legislature to continue increasing their budgetary support considering the enormous task of institution building required in the Judiciary.

“I trust our request for increased budgetary support will receive sympathetic consideration in due course,” she said.

She also mentioned that they have held successful discussions to operationalise the Judiciary fund which is key to securing their financial independence.

She said she will continue expanding small claims courts. The Milimani small claims courts currently registers 65 to 130 new matters per day.

And as at April 26, 8,811 cases were filed at the said courts since they were operationalised with 5,576 being heard and determined over the last one year.

(Edited by Tabnacha O)