7 Long-Delayed Court Cases Raise Alarm as Petitioners Cry for Justice, Expert Weighs in
- Seven complainants have written to the Law Society of Kenya, seeking intervention for cases delayed, amid accusations of corruption within the Judiciary
- Speaking to TUKO.co.ke, lawyer Danstan Omari pointed to backlogs, resource limitations, and the full diaries of judges as key reasons for delays
- He also noted that criminal cases cannot be withdrawn, and once an accused person forgives, their matters can never be taken back to court again
Nancy Odindo, a TUKO.co.ke journalist, has over four years of experience covering Kenyan politics, news, and features for digital and print media.
Thousands of cases have been delayed in Kenya's justice system, some for over 30 years.
Source: Facebook
This has led to a tragic loss of justice, leaving families broken, destitute, and with no closure.
Behind each file gathering dust in our courts is a grieving parent, a wrongfully accused citizen, or a victim still waiting to be heard.
Sadly, under the leadership of Chief Justice Martha Koome, little has been done to meaningfully address this crisis.
The backlog of cases continues to grow, and the hope for timely justice fades further away. For many Kenyans, the courts have become a place where justice is not served, but stalled.
In regions like Kisii, Bungoma and other underserved areas, frustration has reached dangerous levels.
With no faith in the system, some communities are resorting to mob justice and informal means of settling grievances, because for them, that feels like the only option left.
The Judiciary is meant to be a pillar of our democracy. But right now, it’s failing those who need it most. When justice is delayed, it’s not just denied, it’s devastating.
Which 7 cases have long delayed?
1. Assault case
In the complaint witnessed by TUKO.co.ke, Mutugi Kinyua, the complainant in Criminal Case No. 629 of 2018, is calling for justice after his stepfather, Peter Muturi Ngugi, was found guilty of assault but received a lenient sentence.
Kinyua claims that after the verdict, a magistrate held a private meeting with the convicted stepfather, excluding him, and later decided to release Ngugi on probation without punishment.
Kinyua argues this contradicts the Penal Code, which mandates a five-year prison term for such offenses.
Despite his efforts to appeal, Kinyua says the magistrate dismissed his concerns, stating her decision couldn't be overruled.
He has sought help from the Office of the Director of Public Prosecutions but is yet to receive assistance.
Kinyua is now seeking pro bono legal help, public support for his case, and referral to a safe shelter due to safety concerns at home.
2. Contradictory orders
Elkana Mogaka & Associates Advocates have filed a complaint against a lady justice, alleging gross misconduct and conflicting rulings in related cases at the Milimani High Court.
The complaint involves three cases: HCCOMM/E233/2023, HCCOMM/E350/2023, and HCCOMM/E484/2022.
The complainants claim that on December 24, 2023, orders were issued to freeze KSh 280,560,500 in Ecobank accounts pending resolution of two cases involving Kiwipay Kenya Limited.
However, on January 11, 2024, the justice issued additional orders freezing Kiwipay’s transactions, only for conflicting orders to be issued on December 6, 2024, allowing unknown parties access to the same accounts.
The complainants express concern over the inconsistency in rulings and the denial of audience to Musyoki Mogaka & Co. Advocates, alleging bias.
They are calling for an urgent investigation into the judge's conduct.
3. Collusion in High Courts
Reginald Njagi Nyaga has raised concerns over alleged judicial misconduct in his case, Cause No. 365 of 2017, before the High Court of Kenya.
Njagi claims that the French Ambassador-Nairobi and the Attorney General, as respondents, failed to respond to court summons within the prescribed time, and subsequent responses were made by unauthorised individuals without sworn statements, as required by law.
He further alleges that the court has failed to take action on his application to address these irregularities, with successive judges and counsels colluding to delay the case and protect the respondents from accountability.
Njagi claims he has filed multiple complaints with the Chief Justice since 2021, requesting an investigation into the conduct of the respondents’ legal representatives and the judges handling his case. He has received no response.
Njagi is now calling on the Office of the President of the Law Society of Kenya (LSK) to request a report on investigations regarding his complaints. The case remains pending before Justice C. Mwita without further direction.
4. Denied justice?
Esther Ruguru Kangarua and four others have raised concerns over the handling of their case, Nakuru High Court Misc. E067/2022, filed in November 2022.
The complainants claim that a ruling on December 20, 2022, was ignored by the respondents, leaving them without resolution.
Representing themselves in court, the complainants allege that subsequent judges took advantage of their self-representation, dismissing their applications to restore order in the case.
They further claim that one of the judges recused themselves in May 2023 after their frustrations escalated.
The complainants also allege that in April 2022, one of their ailing family members was forcibly taken from his home by relatives, the respondents, who are allegedly manipulating him for personal gain, including misappropriating family property.
They say they have not seen their kin in three years, and the family’s assets are now at risk.
Facing threats and intimidation from hired goons when visiting family properties, the complainants are calling on the Law Society of Kenya to intervene and help address the ongoing injustice.
Source: Twitter
5. Alleged corruption in courts
Charles Ndungu Mwangi, Executive Chairman of Public Corruption Ethics and Governance Watch, has called for Maina and Ndegwa Advocates to withdraw from Civil Case No. 1076 of 1997 due to a 28-year delay.
The complainants claim the delay, in violation of the Advocates Act and the Constitution, is caused by corruption and mishandling of the case.
They are demanding the release of the case file to allow for the next steps in resolving the matter.
6. Alleged bias and mishandling of case
Peter Lenai Lengeju has filed a formal complaint with the Judicial Service Commission (JSC) against a judge, alleging bias in the handling of HCFCC/E001/2021, a matrimonial case.
Lengeju claims that the judge, who was transferred from Narok High Court to Milimani, issued orders contrary to the Constitution and natural justice principles.
Lengeju argues that the judge ignored key issues, including doubts over the legitimacy of evidence and the plaintiff's failure to justify their claims.
He further alleges that the judge dismissed his applications without investigation and impeded law enforcement from probing claims of forgery.
7. Succession case
George W. Songwa is calling for urgent humanitarian and legal intervention in a 36-year-old succession case that has faced multiple setbacks and legal obstacles.
The case, initially filed in 1987 as Succession Cause No. 21 at Eldoret High Court, saw the court file disappear twice over ten years before finally being concluded in 2016.
The estate was peacefully distributed among the beneficiaries.
However, after titles were issued, wealthy buyers, including Patrick Barasa Songwa and Armstrong Patrick Simiyu Songwa, allegedly coerced beneficiaries into selling their shares.
These buyers filed a case in Bungoma High Court, where a judge annulled the titles and legal documentation without sufficient explanation.
Songwa claims he was not informed about key developments by his former advocate, and upon hiring a new lawyer, discovered fraudulent claims filed by the purchasers.
He seeks assistance in resolving the legal complexities and upholding his rights over the estate.
The complainant seeks a thorough investigation and a transfer of the case to a current judge at Narok High Court.
What causes court cases to delay?
However, speaking to TUKO.co.ke, legal expert, Danstan Omari, asserts that LSK may not be the appropriate forum for these complaints.
Source: Original
"LSK has no mandate to address these issues directly; complaints should be channeled to the Judiciary. There are specialised judges for different courts, and while delays exist, complainants must understand the judicial process," said Omari.
Challenges such as the backlog of cases, delayed typing of court proceedings, and the full diaries of judges contribute to the delays.
In some cases, witness testimonies may take years to be typed and proofread due to limited resources in the typing pool.
Additionally, in criminal cases, appeals are delayed due to factors like the unavailability of government-appointed advocates, especially in murder appeals.
Regarding complaints, Omari advised that such matters should be directed to Chief Justice Martha Koome, who can respond within seven days and provide an update on how the issue will be resolved.
However, they also note that delays are often caused by external factors, such as unprepared lawyers or unpaid fees.
"Witnesses must be located to testify, and if lawyers are not paid, they may request delays, even if other parties are ready. In criminal cases, appeals require all parties—including investigators, prosecutors, witnesses, the accused, lawyers, and the judge—to be prepared to proceed," he explained.
Can frustrated complainants withdraw cases?
On the matter of withdrawing cases, lawyer Omari explained that certain cases, particularly those involving the government or serious crimes like sexual assault, murder, and robbery, cannot be withdrawn.
"Once a case is withdrawn, it cannot be refiled, and in criminal cases, the government prosecutes, not the complainant. If a case is dismissed, the accused may sue the Attorney General for compensation, not the complainant," Omari said.
UoN law students sue university over shift in exam mode
In other news, thirty-nine class representatives from the University of Nairobi’s LLB Module II Evening Programme have petitioned the institution over a sudden shift from virtual to in-person exams.
The students, mostly professionals, argued the abrupt change has disrupted their schedules, particularly for those juggling full-time jobs locally and abroad.
Lead petitioner Leonard Omondi Aluko warned the decision could force some students to drop out or delay graduation.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
