This archive report was first published on 22 August 2020.
As the Covid-19 pandemic continues to wreak havoc on the country, a new challenge has emerged in the justice system: billions of shillings worth of goods rotting in courts.
With several courts closed due to the outbreak, litigants with perishable goods held as exhibits have been forced to apply to have them released pending hearing and determination of the matters.
One such case involves a businessman whose goods were seized by the police in Molo, Nakuru County. He filed an application at the High Court on March 17 to have them released, citing that the sugar kept at the Salgaa Police Post was to expire in May.
On May 15, Judge Mumbua Matheka ordered that the goods be dealt with by Kebs officers in accordance with the law. However, the ruling sparked controversy, with the judge stating, "We are in mid-May. I must agree with the prosecuting counsel that an order to release the goods to the applicant will be exposing innocent Kenyans to expired goods,"
Another case involves Emily Tumbo, who is pushing for the release of 250 bags of rice confiscated last year before it expires. The rice was confiscated on claims that it was unfit for human or animal consumption.
High Court Judge Helen Ong'undi ruled on July 9 that the case before the magistrate's court in which an order was issued last year for the destruction of the rice be heard afresh.
With the backlog of cases and social distance rules limiting human traffic at the courts, affected traders are worried that their goods would expire. To address these challenges, the Law Society of Kenya put pressure on the Judiciary to reopen courts.
On July 15, court operations were scaled up, but sadly 41 judicial officers were infected with Covid-19 while two have succumbed to the virus.
As the pandemic continues to affect the justice system, traders are left to wonder when they will see justice served.
