Monday, March 11, 2024

Magistrates in Kenya: Two different "CCTV" Faces Of The Judiciary In Kenya

Magistrates in Kenya: Two different "CCTV" Faces Of The Judiciary In Kenya


Following are the schedules and operations of two magistrates in Kenya, one as straight as an arrow while the other was as crooked as the hind leg of some donkey. (Recorded in 2007)

Case 1

Boaz Olao is a chief magistrate (2007) who knows that he bares a lot of responsibility to the public and wakes up early to go to court where he does lots of paperwork before taking plea's by as early as 9 am.

Sometimes, he is forced to delay the plea taking as the police usually bring in the suspects late especially those to be charged with capital offences like violent robbery.

In some rare cases, the police fail to bring in suspects whose cases are up for mention and often give flimsy reasons for not availing them. Boaz castigates them for this behavior and even threatens to take up the matter with their superiors if this happens again.

After the plea's, the magistrate who aspires to be a judge one day, starts listening to cases sometimes breaking at 1.30 pm while several of his junior colleagues have already broken for lunch only to return at 2.30 pm.

His afternoon is usually filled with paperwork and writing judgments not to mention signing various legal documents presented by his clerk for urgent attention.

By the end of the day, the straight and hardworking not to mention ambitious magistrate returns home where he spends quality time with his two daughters, "B" and "A" who cant wait for 'daddy' to come from work.

A true patriotic Kenyan. Kumekucha has closely investigated this man and we salute him for being one of the few who love their country enough not to engage in corruption.
(Google to find out where this great man is today. Doing the right thing pays, even if it takes time)

Case 2

Naftali Masara used to be dreaded by all who know him in this small work station that is Machakos town. He usually arrived for work after 9 am with such a casual approach to the serious business of justice that one would think he was walking into the family business.

He would then menacingly summon his clerk who would quickly brief him on his day's schedule of cases being careful to prioritize on those willing to 'give something' to have their matter heard and determined as soon as possible.

In one instance, he received a Sh 500 bribe, about US$ 7 to set free a cyclist who was arrested for riding at night without lights on his bicycle.The cyclist however promised to bring an extra Sh 1,000 later on in the day but never returned.

At lunch time, Masara walks to a local butchery and orders two kilos of meat to take home and refuses to pay for it. When challenged, he says he is a magistrate and should be handled with care lest one finds himself on the wrong side of the law and behind bars for flimsy reasons.

The butcher refuses to buy his story and snatches the meat from him before Masara threatens with the line that 'they will meet one day when he will be on the wrong side of the law.' My fellow Kenyans, I kid you not.

Naftali returns to work in a foul mood and chooses to start mailing out invitations for his pre-wedding party where he has told all lawyers in town that he expects a minimum of Sh 5,000 about US$ 70 donation from each of them if they expect their 'matters to be given due attention in his court'

It is later established that Masara organizes such functions in every town that he is posted to and the fact is that he had his wedding several years ago. The funds instead go to a personal building project. The result is that he ended up with rental houses in every town he was ever posted to, courtesy of the "generous" lawyers.

In the evening, the crooked judicial officer passes by a prominent restaurant and takes tea only to pass on the bill to a lawyer who is seated nearby and to avoid embarrassing the magistrate, he accepts the bill with a smile but seethes inside with anger and frustration.

Masara was later sacked in the judicial purge some years back and to the amazement of many, he tried to go back to his last posting, Machakos to set up a law practice. In a town where he had intimidated and threatened residents for almost ten years. He promptly closed the office after only two weeks of total and resounding failure. His whereabouts are unknown but many believe he went back to his native Kisii town.
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Nobody wants Felicien Kabuga in their country

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Nobody wants Felicien Kabuga in their country

Felicien Kabuga at the Hague: Powerful Kenyans helped him evade arrest for 26 long years


Rwanda's most famous genocide suspect Felicien Kabuga whose trial was halted due to his poor health will have to wait longer to be free because no country has yet agreed to host him, according to a story in the authoritative EastAfrican newspaper.

According to the article, Felicien Kabuga, a suspect in Rwanda's genocide, may have been released early by the United Nations Mechanism for International Criminal Tribunals (MICT). However, he is still being held at a temporary facility and is not truly free. This information was reported in an article titled "Felicien Kabuga: Petty Trader to Alleged Genocide Financier" by The East African.

A two-day plenary was held in Arusha by a panel of 20 judges from the Mechanism. This panel serves as a concluding institution for several UN-endorsed tribunals that have dealt with past conflicts across the globe. Their main goal was to find a resolution to the matter at hand, along with addressing other related issues.

At the age of 89, Kabuga is currently being held at the UN detention center in The Hague, Netherlands. However, unlike those who have been convicted and are awaiting relocation to a different prison, he is not awaiting trial.

The determination of his ultimate destination is contingent upon the willingness of a country to accommodate him. During the plenary on February 26, the judges instructed the Registrar of MICT to persist in searching for potential hosts.

According to the Hague court, Kabuga has been deemed unsuitable for trial.

According to the judges, all nine countries that were asked to provide a home for him in South America and Europe declined the requests.

Connections

During the 1994 Genocide against the Tutsi in Rwanda, Kabuga was among the top suspects who were sought after due to his alleged involvement. This tragic event claimed the lives of over one million people.

After evading a worldwide manhunt for several years, he was finally apprehended in France on May 16, 2020.

In 1997, Kabuga was charged in absentia, with seven counts related to genocide, including complicity, direct and public incitement, attempted commission, conspiracy, persecution, and extermination.

According to reports, Kabuga has informed MICT officials that he has no intention of returning to his home country of Rwanda, where he faced the accusations of inciting the genocide. Despite being entitled to return to his country of birth, the elderly and ill suspect has vehemently refused to do so.

Due to being an undocumented immigrant, he cannot be sent back to France where he was apprehended. The French authorities, in collaboration with the Mechanism's prosecutor's office, captured him near Paris, effectively ending his 26-year evasion from the law.

According to prosecutors, Kabuga played a significant role in funding the genocide. The court was informed that Felicien Kabuga had a crucial role in financing the atrocities.

In April 2024, Rwanda will observe the 30th anniversary of the tragic genocide.

During a previous media conference in Kigali, Yolande Makolo, the Government Spokesperson, did not make any definite statements about the possibility of receiving the man.

She informed The EastAfrican that they would address that issue when they arrived at the bridge.

Since the tribunal's inception, we have collaborated with them. If there are any issues to be resolved, we will do so together.

According to her, Kigali accepts the ruling of the MICT, although it is disappointed by it.

According to her, it is unfortunate for the victims that it may seem as though the perpetrator has escaped accountability for the severe offenses he is believed to have committed.

The MICT is in search of a nation that is willing to grant his premature release through the designated procedure outlined in the court's laws.

According to the MICT, it is possible for a detainee to be temporarily released, such as for medical reasons, with the stipulation that they must return to detention if they recover. Additionally, if an individual's health continues to decline, the MICT may allow them to spend their remaining days with their family.

Kabuga's attempts to resist being handed over to the Mechanism were unsuccessful when a French Court denied his appeal on September 30, 2020.

During the month of October, the responsibility for his case was transferred to a Trial Chamber led by Judge Lain Bonomy, with Graciela Susana Gatti Santana as the head and judge Elizabeth Ibanda-Nahamya. The case was then handed over to the Arusha division of the Mechanism.

In June 2023, the United Nations Court of Appeal judges ordered a halt to the war crimes trial of the accused due to his deteriorating health. However, they suggested that alternative procedures should be implemented.

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