There are growing concerns in Nairobi after a city magistrate court which handles petty cases was transferred to Milimani to be managed by the Judiciary.
The directive by the Judiciary indicates that all cases be transferred to Milimani Courts. This was supposed to take effect on October 2 but it has been opposed by the County Prosecution team.
"The county pleas will now be taken to No. 23 Milimani Law Courts by the County Magistrate Pleas Court,” a notice by the Judiciary reads.
“Cash bail and fines will be paid at Milimani Law Courts after issuance of an invoice at the Milimani Law Courts County Registry counter."
County prosecutors have opposed the changes saying the city could be thrown into chaos.
There are fears that petty offences in the city centre including littering, spitting in public, hawking without license, prostitution and muggings are set for a major comeback.
“The directive means there are now laws that will be enforced by the enforcement department and now people will take laws by their own hands,” a city prosecutor explained.
The prosecutors are afraid that once the residents know that there is no enforcement of the laws and county bylaws, the city will slide back to where it was.
“Sometimes offenders are arrested so as to control some nuisance but now it means that will not happen because there are no guidelines,” the officer explained.
Acting County Attorney Christine Ireri appeared before the Assembly Justice and Legal Committee led by Jared Akama to shed light on why City Court is being moved.
Ireri told the Committee that Governor Johnson Sakaja is in talks with the Chief Justice to recognize the unique role of the City Court in restoring order in the city.
The Attorney explained that the issue of moving the City Court started in 2016 between the Intergovernmental Budget and Economic Council and Council of Governors.
“The Chief Justice Communicated to the Council of Governors about the transition of the County Courts cases to the judiciary,” Ireri stated
“However there are some issues that were supposed to be addressed before this transition is affected and we are afraid that the issues have not been addressed,” she added
The Attorney said the City Court collects over 30 million in fines from the offenders thus it is one of the sources of the revenue to the county.
The County Prosecution has about 50 staff who have vowed not to move to Milimani citing that the move is dishonest.
