Sonko, Waititu cases stalled by Mwilu’s closure of courts

Hundreds of litigants at the Milimani Law Courts in Nairobi yesterday protested the decision by acting Chief Justice Philomena Mwilu to close courts in Nairobi, Machakos, Kajiado, Kiambu and Nakuru counties as part of measures to check the spread of Covid-19.

Litigants whose cases were listed for hearing or mention camped at the entrance of the courts to protest the suspension of their cases.

Among the matters affected by the closure include the graft cases against former Nairobi Governor Mike Sonko, former Kiambu Governor Ferdinand Waititu, former Kenya Ports Authority (KPA) boss Daniel Manduku and the Sh791 million NYS theft case against former Principal Secretary Peter Mangiti and 25 others. 

Arrest fears

Accused persons, lawyers and complainants said they were caught unawares by Mwilu’s directive that criminal cases to be heard virtually in the wake of spiking Covid-19 cases.

They raised fears that the courts may issue warrants of arrest against them for failing to appear in court as scheduled since their bond form had not been extended to indicate next mention or hearing as required.

“l have learnt of the decision this morning. The question now is, will the courts issue warrants of arrest against me for failing to appear in court in person,” said Francis Mwangi who had come for the mention of his criminal case.

In the circular, Mwilu directed that all courts, tribunals and registries in Nairobi, Machakos, Kiambu, Nakuru and Kajiado be closed indefinitely.

“All matters requiring a hearing during the period under these guidelines shall be by way of virtual hearing,” she said.

“In Nairobi county, matters under certificate of urgency shall continue to be filed using the e-filing system accessible at https://efiling.court.go.ke/.

E-filing support shall be offered through an online platform running every weekday from 10.00am to 12.00pm and 2.00pm to 4.00pm,” she added in the notice.

However, many of the litigants protested the directive, saying that they didn’t have access to television, radio or smartphones through which they could receive information about the closure of the courts.

Yesterday, all the divisions, including the High Court, Criminal, Anti-Corruption, Civil, Commercial, Land and Environment and Labour and Employment relations courts remained closed.

Nairobi Chief Magistrate Francis Andayi, who addressed the litigants at 9:45am, assured them that no warrants of arrest would be issued against accused persons for failure to attend court physically.

Andayi urged the court users to follow up their criminal cases virtually on links provided by the Judiciary.

“We would like to inform all the accused persons facing criminal charges that court activities have been suspended for now. Please follow your matters virtually on the links provided by the Judiciary,” he said.

Traffic offence, fraud, theft, assault, corruption, creating disturbance and incitement to violence cases will be virtually handled at police stations. 

But murder, manslaughter, attempted murder, robbery with violence and sexual offence cases will have to be taken to court before a judge.