Processing graft cases within a timeframe would end scourge

The anomaly of having the processing time for criminal cases in an open-ended fashion has anecdotally contributed immensely to corruption in Kenya. Time is, in fact, essential in preserving the rights of the accused and of the victims.

The best way to do so it is to bring cases to conclusion within an agreed time frame. Time, within the Kenyan legal system, has been a curse and frustration both to the accused and victims of crime. Hence, why it must be strictly adhered to in courts for the sake of justice and to crystallise the principle of fair trial.

CORRUPTION

The lack of consensus in Kenya on how cases are to be determined time-wise has left a gaping hole that corrupt individuals and officials within the legal sector have capitalised upon. Many a rogue police, lawyers and judges stand accused of having ‘bought’ time for accused persons in order to frustrate cases in court.

It is, therefore, imperative that a consensus is reached in order to rethink how criminal cases are determined. The only way to protect the rights of the accused is to stick to a time frame by making sure that the clock starts to run from when the case begins and ends within the agreed time with all factors considered.

The rights of the accused are not the only issues to be considered. There are victims of crime who have just as much right to have a quick resolution to a legal matter that affects them, as the offenders.

For instance, these could be service users of a hospital or dams (that is you and me!), whose projects halted due to embezzlement of funds. Citizens are victims of criminal acts by corrupt officials and they too deserve speedy decisions made to remedy their situations. The quicker the embezzled funds are recovered, the quicker it could be ploughed back into service delivery.

Ideally, a case can only go to trial once all the facts and evidence have been collated and filed in court. That is a crucial process. It’s the role of the prosecution to ensure that happens and never the police. The duplication of prosecutorial work by the police is borne of past practices where Police had the ‘power’ to present accused persons in court. It is an old habit that is proving difficult for the police to wean itself off.

NO ROOM FOR ERROR

Nonetheless, the prosecution must make sure there is no room for error. A single mistake would give corrupt individuals acres of leverage. There is no reason why a time limit cannot be set for a case to run if all the evidence has been procured. In any case, by the time the trial starts, it’s presumed that all the evidence has been gathered and the case is set to roll.

The other group that needs special attention are people kept in remand cells. They are unduly punished by having their cases drag on indefinitely. Historically, many offenders in Kenya have languished in remand cells for years just waiting for their files to be compiled.

This has led to miscarriage of justice where an innocent person ends up in remand infinitely and unsure of when the case will ever start or finish. They will technically be serving a sentence for a crime they most likely never committed.

Justice delayed is justice denied principle cuts both ways in protecting the rights of the accused and those of victims of crime. Many Kenyans who have been victims of crime have had to give up on cases filed in court because the accused, with the help of corrupt lawyers or even judges perhaps managed to frustrate the case.

Dubious ways cases in our courts have either ground to a halt or been dismissed is by unjustified and prolonged delays or by claiming insufficient evidence even when the evidence is compelling.

DELAYS

Equally, some lawyers have allegedly ensured delays during the hearing by seeking unnecessary adjournments. Courts are waking up to phoney adjournments, which is very reassuring for victims of crime.

Speedy resolution to court cases would be a welcome relief, but it cannot succeed without enough personnel and funding. The two are crucial to help the wheels of justice keep turning. It’s no wonder there has been hue and cry over the delay in appointing 41 judges to the bench recently.

These are key staff that are required to ensure justice is procured for the victims and ‘just desserts’ are served to the accused. Playing politics with the legal sector plays into the hands of both rogue officials and corrupt citizens.

It costs a lot of money in terms of personnel required to work in unjustified remand system. It is equally expensive to pay for the upkeep of inmates locked up indefinitely without their cases showing any sign of ever being heard.

Such waste of money cannot be justified. It is money that could be used to boost struggling social amenities such as hospitals.

Processing criminal cases in a timely manner is, therefore, fair and crucial. The shorter the period a case runs, the better for both the accused and the victims.

Ms Guyo is a legal researcher. [email protected] @kdiguyo