There is a grave problem in the overall delivery of justice by the Judiciary in the Counties of the former Western Province of Kakamega, Bungoma, Busia and Vihiga. There is too much dilatoriness, adjournments, litigants and seekers of justice being taken for a ride and for granted to waste their time and money to attend Court hoping to have their disputes determined expeditiously only to be met with delays upon delays because either judicial officers are not ready, present or can only handle few cases. It looks like the core work of adjudication by courts is now treated as part-time, why?
It is apparent even the lawyers practising in the region are helpless and have surrendered to the Judiciary treating them and their clients as beggars of justice at the whim of a now clearly inefficient, snail pace Judiciary. The Chief Justice of Kenya may be too busy in Nairobi and with no clue on the pathetic state of performance of most courts in the Counties of the former Western Province. Time has come for elected leaders of the region and more so, the Senators, Members of Parliament who have oversight of the Judiciary to look closely at the performance of the Judiciary in the region and call them to order.
Article 159 of the Constitution of Kenya stipulates that judicial authority is derived from the people and vests in and shall be exercised by the courts established by or under the Constitution and that in exercising judicial authority the courts shall be guided by the principles that (a) justice shall be done to all irrespective of status (b) justice shall not be delayed (c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted (d) justice shall be administered without undue regard to procedural technicalities and (e) the purposes and principles of the Constitution shall be protected.
West Media can state without any fear of contradiction that the Judiciary in the region is violating the constitutional principle of its existence that justice shall not be delayed. It is self-evident that most of the judicial officers posted to the region come from other parts of Kenya and they are expending too much time out of their stations and advancing their interests or interests detrimental to the consumers of justice in the region. They are in Nairobi or else for this or that assignment, training as the public right to expeditions justice is compromised, undermined, delayed, subverted.
The civil society, Chambers of Commerce of the region must speak out clearly that Western Kenya will not keep quiet when judicial officers flagrantly fail to do their primary duty which is expeditious adjudication of justice or when they engage in unethical corrupt practices. Elected leaders must each week spend a part of their day in the courts of the region to experience for themselves the problem their electorate continuously face in access to and delivery of justice in the region. If the administration of justice is inefficient, corrupt uncertain people will lose faith in the Judiciary and resort to anarchy taking the law into their own hands.
The Judiciary is equally subject to the Constitution, the law and those serving in the Counties of the former Western Province must answer the question, are they living up to the oaths they took to be judges, magistrates? For those doing their work efficiently, competently with integrity West Media says bravo, for those who are shortchanging the public shame on them and they must shape up or ship out. Justice cannot be our shield and defender if the Judiciary subverts it by not doing its work in accordance with the law. The ball is in the court of the Chief Justice of Kenya. Sort out the inefficiencies and unethical conduct in the delivery of justice in Western Kenya.