15/07/2026
The Executive, The Legislature and The Judiciary, three arms of government that ideally are expected to be working in sync, complementing, yet independent of each other, and with all of them checking the efficiency and or excesses of either of them on the citizenry. I am obligated to talk about one of the said arms, the Judiciary.
As a citizen of this Country and a consumer of legal services provided by this arm of government, through the legal officers some of whom are state officers and working with other players within this arm of government in ensuring that this scarce resource that Justice is, is equitably yet authoritatively and without fear or favor dispensed/served to all regardless of their class statute in society or their material endowment or political persuasion one may identify with, i can confidently state that this scarce resource that Justice is, is increasingly being served selectively, and obviously based on the parameters outside the ambit of the law.
A friend of mine who also happens to consume a considerable amount of the services from this arm of the government, confided in me with regard to the experiences he seem to be having with this arm of the government and wondered loud whether this is the Judiciary that is hailed with the esteem and cognition that seem to subsist, in light of the few herein sampled decisions consistently characteristic of the said Arm of government made by its officers most of whom are under oath to serve justice. Instead, what appears to obtain is Justice being bid, rather than being served. The norm now is Judgeship rather than Justice. It is fast degenerating and denigrating to a situation where judicial officers only become inclined to listen to their other judicial officers, their classmates, their members in certain professional bodies and their teachers and lectures so that any litigant who is not being represented by either of the officers or may not meet either of these criterion stands little chance to be served Justice so that what the learned colleagues agree amongst themselves prevail over what is ideally supposed to be what is to obtain. The Rule of Law, fast being swept under the carpet and the law of the Jungle, in the same fashion and manner being ushered into the scene in replacing the Rule of the Law.
In another litigant's matter for instance, the Trial Court allows respondents to file Preliminary Objection one after the other with the sole purpose of delaying the prosecution of the substantive issues in the matter. Three Judges dismiss the Preliminary Objections yet the fourth Judaical officer comes and looks away never makes reference to the fact that the court is functus on the said issue, reopens the matter for re litigation and determines contrary to the other three Judges in the same matter all with a view to compromise the due process in the matter.
Another case an advocate is instructed by a cartel to file a Notice of Appointment in a matter where a litigant has refused to be compromised and alleges in court that it is the litigant who has appointed the said advocate. The litigant is in court himself and informs the judge that he does not know the advocate alleging to represent him yet the Judge proceeds and states that the litigant has no locus to address the court and allows this stranger on record and who eventually files a notice of withdrawal of the matter!. Cartels and Mafias have inundated the Judiciary where most the Judicial officers are part of these cartels and have absolutely no regard to the Rule of Law. Opening up the Curtain for the Law of the Jungle.
Another case scenario, an advocate is awarded millions of money to give to his clients . He misdirects the Award and when the court is asked through an application to enforce its award, instead of the court directing appropriately or even at least asking the advocate why he has refused to release the Award to the clients, they both instead elect to speak the same language, the applicant is slapped with a fine of thousands of shillings for asking the Court to enforce its Award, and the advocate uses the said money he swindled from his unsuspecting hapless clients to frustrate the applicant, while being aided and abetted by the Judge to silence and threaten the applicant and the grievants. The Judge even proceeds to issue warrants of Arrest to a litigant, for being asked to enforce its own Order! really?
The Law Society, The Advocates Complain Commission,. The Judicial Service Commission are all in the Know yet the response by some of these institution in seeking to ensure that their members or employees dispense in accordance to the law are never encouraging either. The President of the Judiciary is also well in the picture yet she appears to have resigned to fate for her apparent disinterest in addressing these issues that might require a masculine resolute will to address.
If the institution of the Judiciary can be allowed to degenerate to the point it is now, where Judicial Officers regard Justice as a commodity for consideration and to be served on certain considerations and certain inarticulate premises that are outside the ambit of the law, then Justice also has a way of regulating itself. It is an Animal, and a living Phenomenon that has the ability to task and bring to book those who intentionally and maliciously misapply it and who serve it based on such immoral and unprofessional premises and considerations.
Another scenario, a Deputy Registrar derogating the Rules and Procedures of the Court by countermanding an Order directed to her by a Judge, her Senior because of the said inarticulate considerations. The matter is opened for re-litigation by the DR, after the Judge her Senior had finalized the matter and issued an Order directing the DR to issue a Decree. The DR refuses to act as directed by the Judge, instead asks parties to file submissions on the objection as was raised by the respondent and the said DR proceeds to set aside the Orders of the Judge her Senior! Really, Even Judges may not set aside Orders issued by other Judges whom they rank Pari- Pasu, yet herein is a junior officer countermanding the Orders of a Judge her Senior! Yes! it is happening in the Kenyan Judiciary system, and it is Pathetic that Justice can be mishandled in these manner by those who are expected to be the custodian of it.
And many many many many may many many many many many many more more. Please somebody, Help The Judiciary before it collapses. Tt is fast becoming a market place where the highest bidders are the ones to be served and if a litigant is not a Judicial Officer, sorry no service for you!. THIS IS THE REALITY AT THE KENYAN JUDICIARY. Technicalities hailed over Substance of the matter. Orders being contempted by respondents with the Judicial officers unwilling to entertain the said Contempt applications in having them purged and in protecting the Authority and the Integrity of the Judiciary.
Haki ikianza kuuzwa, wengine hawatajaliwa kuwa na uwezo wa kuinunua, na itawabidi waitafute kwa njia zingine ambazo hazimo ndani ya sheria na haitakuwa vyema kwa nchi hii yetu ya Kenya!. If Kenyans cannot get Justice through the available means which is through this arm of government, the Court system, they definitely shall improvise ways and means of looking for it and getting it, the import of which shall be to relegate the Rule of Law to a Subservient Place and position, and eventually usher in the Law of the Jungle, to the utter prejudice to the stability and Pride of this Nation.
Judges and Magistrates, not all, but a considerable number of you. Please remember you are under Oath to serve Justice. Kile kitu mulitumia kukikula kile kiapo, kina uhai, na chaweza, kuwasitiri na jamii zenu, mukikitii na kuheshimu kiapo mulichokila, na pia kina uwezo wa kuwaharibu nyinyi na jamii zenu mukikifanyia mzaaha na kuuza haki, badala ya kufanya na kupeana haki. Huu ndio ukweli. muuzingatie musaidike, muupuuze mufahamu na kuhakikishiwa baadaye kuwa hakika huu ndio ukweli. Mungu atusaidiye wote kwa kumuogopa, maana tukimuogopa Mungu hatutawafanyia litigants dhuluma eti kwasababu tumepewa kibahasha.
That is slow poison and it may not take you and your loved ones that far. Tena ni chukizo mbele za Mungu, mwenye uweza wote. You are also not unaware of the fact that you Judges and Magistrates are God's direct representatives here on earth with regard to matters Justice, so that depending on how you faithfully dispense Justice, so shall God Himself be faithful in meeting His obligations in your stead. This is apart from the fact that there is also a Book in the Bible Called Judges, that specifically talks about how you are expected to serve with utmost fidelity to the Rule of Law and the Fear of God. May God help you towards this goal. Serve faithfully and experience Gods blessings. The opposite is equally not untrue.