This archive report was first published on 23 November 2019.
As the world mourned the brutal rape and murder of 19-year-old university student Uyinene Mrwetyana on August 24, 2019, in South Africa, a similar tragedy struck Kenya on April 9 this year, when Ivy Wangechi, a Moi University medical student, was murdered. While Uyinene's killer, Luyanda Botha, was sentenced to three life sentences and five years direct imprisonment on November 15, Ivy's trial has yet to start.
The delay in dispensing justice in Kenya is not due to a lack of resources in the Judiciary, but rather a litigious society that relies heavily on the courts to resolve disputes. This has led to a clogged court system, with petty offences taking up much-needed time and resources.
Alternative dispute resolution (ADR) is available and designed to resolve disputes quicker than following the lengthy and costly court process. Negotiation is not a sign of a weak case, and ADR can be a viable option for resolving disputes without involving the courts.
Our police officers should also play a key role in dealing with minor offences through a system of issuing penalty notices, rather than prosecuting every case. This would help to free up the courts for more serious cases.
The Judiciary has shown that it is possible to hear high-profile cases quickly and efficiently, as seen in the presidential election petitions. To ensure that evidence is not tampered with or presented at the last minute, a fixed timeline for every stage of the court process should be introduced.
This would not compromise the case being heard on its merits, but rather do away with cases being adjourned multiple times with no end in sight. It is time to rethink our justice system to grant victims the timely justice they deserve and get more suspects either in jail or innocent and free.
