Monday, 3 November 2014

KENYA CJ: JUDICIARY WILL PROVIDE JUSTICE TO MARGINALIZED COMMUNITIES





BY ADOW JUBAT- IN GARISSA

Chief justice Dr. Willy Mutunga said on Monday that judiciary is committed to
dispense justice for the marginalized communities, in forgotten areas in the republic referred to us other Kenyans.

While speaking in the Garissa town, the capital of North-Eastern region, that share a fluid borderline, with cursed and tattered Horn of Africa nation, Somalia during the inauguration of the Garissa high court, chief justice said the construction of a high court in Garissa is a milestone in the history of the region adding that the set up of the higher court in the town will make marginalized communities to get justice at their doorsteps.

He said Kenyans in the marginalized far-flung areas have an equal right same to other Kenyan in the developed region and therefore must access justice by having courts nearer to them.

Dr. Mutunga said in an effort to make sure the services of justice is felt in the grassroots in the country, the judiciary has embarked in muti-million program that will culminate into more high courts established in the region in the next three years.

 He named Wajir and Marsabit as the next county in Northern region to soon have high court service adding that the border point town of Mandera will have a magistrate to address in case logs.

The chief justice who was accompanied by Judicial Service Commission members and chief registrar of the judiciary Mrs. Anne Amadi said the constriction of the Garissa high court is funded by World Bank.

Dr. Mutunga applaud the Somali community for using a tradition dispute solving machinism, “Maslah” which he said has helped in reducing case piles in local courts compared to other parts, where some piety cases that can be settled by elders were burden with courts.

He however, cautioned the community not subverts justice for the both accused and the victims, when dispensing “Maslah” noting that the judiciary will monitor the elders verdicts to ensure it’s consistent with the existing national laws and practices.

However, his assertion is not welcomed by the Garissa County “Maslah” advocacy group, which terms the CJ utterance on infringing on the right of the people to learn to arbitrate their dispute with interference by the judiciary or any other arms of the government.
 

Speaking at the same function, Wajir woman representative Fatuma Ibrahim, who was a former human right defender said defilement and rape cases are on the rise in northern region and blaming elders who handle the cases of always favoring the sexual offenders against the victims by offering lenient punishment to the culprits.

“Families and even witnesses are intimidated and given money by these elders when handling these cases and we need judiciary to oversee these cases and not left to the elders alone,” she said.

Members of parliament Abdikadir Aden (Balambala), Elias Bare Shill (Fafi), Mohamed Dahiye (Dadaab) and nominated Mp Abdinoor Mohamed who attended the inauguration express their support to the judiciary adding that they will support at the floor of the house for budgetary increase of judiciary.

“We will support you but what we need is justice to the grassroots, we need an established law courts and not mobile courts,” said Fafi Member of parliament Elias Bare Shill.

Fafi lawmaker said without judiciary Kenya will disintegrate like lawless Somalia and that there is need for every armed of government to support it.


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