Meru people prefer to go to court even for cases that could be resolved locally

When aggrieved parties in Meru County meet, one of the most popular refrains between them is, “We will meet in court.”

Since independence, the Ameru people have been known to have embraced a litigious culture by going for each other’s throats in court even over cases which could be solved through arbitration.

Although known to have one of the earliest and most powerful elders’ councils that solves disputes, the Njuri Ncheke, it is the rising number of cases being recorded in local courts which can be solved outside court that is worrying.

On Monday, a court in Meru released a man on a Sh100 bail for stealing 15 passion fruits worth Sh60.

Augustine Mwenda denied the charge and told Meru Principal Magistrate Monica Maroro that he was given the fruits by Evangeline Kamiri on Saturday in Magundu Village.

“The owner told me to collect the passion fruits that had fallen from the tree,” Mr Mwenda said.

The case will be heard on October 17, 2016.

PEEPED INTO BATHROOM

In yet another case last month, Hemedi Juma was charged with peeping at a woman while she was taking a bath.

Juma was released on Sh5,000 cash bail after he denied the voyeurism charge before Magistrate Maroro.

Prosecutor Antony Musyoka accused Juma of intentionally peeping through the bathroom door where Jane Saida was taking a bath at Majengo Village in Imenti North.

The prosecution said Juma’s offensive conduct provoked peace.

His case will be heard on November 16, 2016.

Elsewhere, a farmhand who admitted to threatening to sodomise his employer was sentenced to serve a 14-day jail term by the Meru court.

Meru Chief Magistrate Lucy Ambasi sentenced Josphat Muriuki to 14 days without an alternative of paying a fine after he admitted committing the offence.

“It is true your honour, but l was drunk and l beg for forgiveness,” said Muriuki.

The prosecution had charged him with creating disturbance.

Prosecution Counsel Margaret Matheka told the court that Muriuki threatened the woman on August 7 while in her farm.

TOO MANY LAND CASES

During a visit to issue title deeds in March, Land Cabinet Secretary Jacob Kaimenyi, who is from Meru lamented that the community is one of the most litigious in land disputes.

“There are over 200,000 complaints involving land matters in Meru alone, some of which can be solved outside the court.

“How long do you think it will take to resolve them? We have to seek alternative methods of resolving them,” said Prof Kaimenyi.

Prof Kaimenyi said there is need for more civic education to educate the public on Constitutional provisions that offer the legal foundation for the introduction of alternative dispute resolutions.

The Constitution recognises alternative dispute resolution mechanisms in Article 159 clause 2 (c), and requires the Judiciary to promote reconciliation, mediation, arbitration and traditional dispute resolution mechanisms as long as they are not repugnant to justice and morality or are inconsistent with the Constitution.

AWARE OF RIGHTS

Meru Bar Association secretary-general Mwanzia Muia told the Nation that the Meru people are among those who are very aware of their rights.

“They started cases in the early 1940s against the colonial rulers. We usually look at their court history in the Kenya Law Reports,” Mr Muia said.

He agrees that some of the cases do not require the courts’ time and resources to resolve as they can be handled through alternative dispute resolutions.

The lawyer added that disputants should first talk before considering court action.

“It could be because of lack of confidence in the (elders’) councils or lack of guidance.

“What is needed most is to have elders pick people of integrity to hear these cases so that they can win the confidence of the public.

“We have also been educating them during judicial open days on ADRs,” he said adding this will help in clearing the backlog of unresolved cases in courts.

Njuri Ncheke secretary general Josphat Murangiri said the elders have been working closely with the courts to reduce the backlog of cases.

Speaking during the Tharaka-Nithi County Judicial open day last week, Chuka High Court Judge Alfred Mabeya rooted for ADRs saying he was liaising with Judicial Training College to offer paralegal courses to Njuri Ncheke elders.