The wife of the Kericho OCS owes Ksh2.9 million to a man who is also an officer in the Kenya Air Force. Political pundit Wahome Thuku was referring to the complainant in the Ksh2.9 million fraud case.
This likely explains the numerous issues in the case, as well as the bond cancellation. The lady and the Air Force officer were doing business together.
The ĺady does business with counties, which delays payments, and that’s why she couldn’t pay up quickly.
She then has diabetes (not cancer). The illness has depleted all her savings, and the doctor has recommended that she not return to work. However, the husband had already made a payment of $1 million, and they were negotiating with the complainant about how to settle the remaining balance. These are things to which the magistrate ought to have listened and paid attention.
Police did not shoot the deceased OCS Kipruto at Makadara law courts; instead, he shot himself, the magistrate twice, and three officers. They probably shot him when he was already dead.
Due to a variety of conflicts, the wife’s family is unable to visit her at Langata Area Remand. She is still very sick, and the prison administrators are taking her to the hospital themselves.
According to political analyst Wahome Thuku, the shooting of Principal Magistrate Monica Njoki Kivuti is the most unfortunate thing to have happened in our judiciary.
“Specifically, she sustained a gunshot wound in her seat, the seat of judicial authority.”
“Yes, we all rise every time a magistrate rises, and we sit when she does. It’s that seat that signifies judicial power,” he said.
The fact that a police officer, the branch of government responsible for carrying out her powers and orders, shot her makes the situation even more unfortunate. Even worse, an officer who commands a police station, the epicentre of judiciary-police interaction, shot her.
If that OCS had stood up in that courtroom, introduced himself and his ranking, and pleaded for his wife, the magistrate would have treated the bond issue completely differently.
It’s not that she would have tainted the case, but bond guarantees the accused’s appearance, and his credibility as an OCS would have reassured the magistrate.
“They’d probably be alive today, and the suspect would be on bail. He was just a stupid officer.
“My condolences go to the family of Madam Kivuti as a professional colleague, an officer of the court, and someone who has appeared before her two or three times. It’ll be fine.
“Which then brings me to another point: that it’s just time for the judiciary to set clear guidelines on bond and bail terms. We have said this many times, and we will continue repeating it.
“In my opinion, leaving it all to the discretion of magistrates is what causes stress, confusion, and uncertainty for litigants, their lawyers, and their families and friends. raises the stakes, corruption, and anger.
“Can you predict how much cash bail or bond you will receive if you cause a fatal accident today and face charges in court? No, you can’t. Neither can I.
“The reality is that you could receive bail for Sh100,000 in one court and Sh200,000 in the court next door.”
“The same magistrate may award you Sh200k on Monday and Sh400k on Wednesday. The magistrate could also allocate Sh200,000 in the morning and Sh300,000 in the afternoon. That kind of uncertainty confuses everyone, stresses families, and breeds massive corruption in courts.
“I have proposed that police stations and courts establish bail, clearly stating that ‘cash bail will be half of the fine for an offence’ or a similar statement.”
“So as we go to court, we all know the figures to work with.
“Finally, on corruption. I don’t know of any specific corrupt magistrate or judge, but I have said this before. If you want a bribe, agree to acquit, not convict. You should be willing to accept money to free a guilty individual. If you ever accept a bribe to convict an innocent man, you should never hold the world responsible for the consequences that may follow. Our society is bitter; don’t attract the bitterness to yourself,” he said.
In conclusion, enhance total security in the courts. These days, even lawyers walk into courts with firearms. Since courtrooms are emotional, it’s lucky the officer didn’t shoot the prosecutor. No one would want a repeat of the Makadara scenario.