Witnesses stay home as travel fund dries up

A cash crunch at the Judiciary threatens to ground delivery of justice in the courts.

Hardest hit is witness support under the deputy registrar that provides travel, food and accommodation subsidies for prosecution witnesses from upcountry and other far-flung areas.

A circular released on July 9 said the fund dried up a month ago following delays by the Treasury in releasing money and asked the courts to “advise witnesses accordingly.”

“We have received complaints from witnesses for non-payment of expenses incurred when travelling to give evidence in court following the closure of the financial year 2013/2014,” the circular, signed by an assistant to finance director Susan K. Oyatsi, says.

Witnesses have been told to record their personal details in the finance and accounts departments and have been assured that “payment will be made later.”

'BLESSING FOR THE DEFENCE'

Judges and magistrates have had to either postpone cases until funds become available or rely on the goodwill of investigating officers to dig into their own pockets to assist witnesses to travel to court.

“Witnesses are unlikely to attend hearings, and this will be detrimental to prosecution cases that rely on their testimonies. If they are unable to testify, the case goes up in smoke,” lawyer John Swaka said.

“For example, you would not expect a protected witness to spend a night in River Road, but they cannot afford decent accommodation uptown,” he said.

The situation is a blessing for the defence as cases are withdrawn for lack of witnesses, the lawyer said.

A murder trial had to be adjourned at the High Court in Nairobi after a state counsel said the witnesses “are too poor to pay for their transport from Isinya to Nairobi.”

A day earlier the investigating officer had paid the four witnesses’ bus fares.

Court officials who are not allowed to discuss official matters with the media admitted the crisis and attributed it to a shoe-string budget.