Willy Mutunga uncovers graft scam in traffic courts

Chief Justice Willy Mutunga on Monday unearthed a corruption cartel that has been minting and pocketing millions of shillings from traffic offenders.

The scam involves police, brokers and unscrupulous court officials, and has been targeting motorists who do not wish to be presented in court.

The cartel, Dr Mutunga said, had set up parallel "courts" outside the law courts, blocking traffic offenders from prosecution.

He said the government was losing millions of shillings in revenue as fines and bail ended up lining the pockets of law enforcers and brokers.

“Apart from the illegal courts, the same culprits have been issuing fake receipts for money being paid as cash bails by the motorists," he said.

SCAM UNCOVERED

“The few people who attend court with traffic offences are those who have refused to pay bribes and even if they have committed some crime, they should be commended and have their cases concluded fast,” he added.

The scam was uncovered after a motorist lodged an official complaint with the Judiciary after it emerged that the receipts he was issued at a police station did not tally with court records and he could not get his money back.

The CJ was addressing traffic offenders at the Milimani Traffic Courts during a tour of the section to assess compliance with the new traffic guidelines he issued in June.

Earlier, Dr Mutunga visited the Kibera Law Courts and the Milimani Traffic Registry, where he uncovered massive corruption involving police and some court staff who have taken control of the traffic courts.

He said the Judiciary would soon release a booklet that would help motorists understand the guidelines and help in sealing some of the loopholes that are being used to fleece the government.

IDENTIFIED GAPS

“We have realized that the police have been rubbishing the traffic guidelines but soon we will dismantle these cartels that have turned the courts into dens of corruption.

“As Judiciary, we have already identified the gaps and we will be reaching out to the other agencies, mainly the Police and Prisons, where the cartels have found refuge,” said the CJ.

Dr Mutunga also took issue with road safety agents, saying they had been overstepping their mandate, making the work of the Judiciary difficult.

Measures the Judiciary will be putting in place include the use of mobile money transfer services like M-Pesa to ensure fines and bail get to public coffers.

This, he said, would make it easier for traffic offenders to get back their money after being cleared by the courts.

There are only two courts that handle traffic offences at the Milimani Law Courts yet the staff told Nation.co.ke that hundreds of cases are filed every day.

CASES DELAYED

Some of the traffic offenders and lawyers told the CJ that their cases were taking too long to be determined though some of the offences were straightforward.

In June, Dr Mutunga issued new traffic guidelines aimed at stemming the increasing cases of corruption.

Under the new rules, no traffic offender would be locked up in police or court cells before being given enough time to pay fines.

The CJ further directed that traffic fines be processed in open courts.