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Friday, November 13, 1998 Published at 17:54 GMT


World: Africa

Kenyan courts damned by report

The High Court in Nairobi - the worst of all

Human rights groups have welcomed the publication of a damning report into the Kenyan judiciary.

"We found evidence of corruption, incompetence, neglect of duty, theft, drunkenness, racketeering involving magistrates, the police, advocates and employees of the judiciary," said the man who wrote the report, appeal court judge Richard Kwach.

The Kenyan Human Rights Commission said it should be a starting point for reforms to make the judiciary transparent and accountable.

It is now up to Kenya's Chief Justice, Zaccheaus Chesoni, to decide whether to put its recommendations into practice.

It proposes

  • a constitutional amendment to make incompetence grounds for removing a judge from office
  • hiring more staff
  • the establishment of 24-hour courts at international airports to deal with petty crimes involving foreign travellers.

Justice for hire

Mr Kwach cited incidents where people had been made to pay before their court cases were heard.

He said that during his committee's investigations some cases involving fraud and misappropriation of funds were found to be so serious that action had been taken even before the report was ready.

Mr Kwach also listed instances of sexual harassment where women magistrates were not given work if they refused to date their boss.

While provincial high courts were said to be working well, the situation in the high court in the capital, Nairobi was so serious that the court had virtually collapsed.





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