Mombasa court once had guard of honour for three judges

Kenya’s judiciary has gone through an evolution since its inception in the late 1800s, during the colonial era. Expatriate judges and magistrates have been replaced by Kenyans, among other changes.

With the current freedom Kenyans have in filing their cases, it is hard to think there was once a time when courts only served non-natives, whose cases would be handled by white judges and magistrates.

Natives disputes were solved by local leaders in informal courts spearheaded by a native courts commissioner, and any grievances in the form of an appeal were filed with the division or district officers and provincial commissioners.

Each ethnic group had its native court, which was spearheaded by village elders, headmen and chiefs, who had been empowered by colonialists.

But as things change, one building at the heart of Mombasa has remained the same. It is among the oldest buildings still standing in Mombasa near another iconic site, Fort Jesus.

With its British architectural design, the building has stood the test of time since December 31, 1902, when it was opened by the commissioner in charge of East Africa Protectorate Charles Elliot.

The now 117-year-old building long served as Court of Appeal, but it was later shut down and the appellate bench moved to the Malindi law courts. During its renovation, the designers thrived in maintaining its original design, as well as the structures.

REPRIEVE TO LITIGANTS

The facility will be a reprieve for thousands of litigants and other court users, who until now depended on the Malindi court.

The appeal court, which officially started its operations on Monday, will serve users from Mombasa, Taita Taveta and Kwale.

Chief justice David Maraga presided over the reopening ceremony. He said the JSC's plans to renovate the building met many obstacles and were nearly doomed.

“At one point, we declined a request by the National Museums of Kenya to give them the building. We told them we had plans of renovating, but we promised to maintain the original architectural design," he said.

The president of the Appeal Court Justice William Ouko recalled the history of how three judges served in the court 115 years ago.

“The judges used to sit in Mombasa twice a year, in January and July," he said.

Ouko said the appellate judges who used to reside in Nairobi would travel by road and eat lunch in Voi before proceeding to Mombasa.

“Once at the court, a guard of honour would be mounted and the seniormost of the judges would inspect it.

Ouko said even though times have changed and the entire culture gone, the history of the court remains very significant in the books of the judiciary.

The evolution of the judiciary gave birth to a free and fair system, where everyone has a right to access of justice.

In Mombasa, there are four other courts aside from Mombasa law court, which serves as the main station. The county has labour and industrial court located at Bima towers to deal with employment disputes, while Kadhi’s court deals with Islamic issues.

Shanzu court serves criminal cases from the northern part of Mombasa, while Tononoka children’s court deals with matters involving children.

The judiciary has plans to establish courts in every subcounty to increase effectiveness and bring services closer to residents.