Chief Justice David Maraga on Monday revealed the one case that has baffled him in his legal career.
Speaking during the swearing in of 47 new resident magistrates at Supreme Court, Nairobi, the CJ recounted how a land case from Kisumu landed at his desk.
The defendant had reportedly purchased and paid for four acres of land from an old man.
However, shortly after the transfer of ownership, the new owner fenced off six acres instead of the four that he had acquired - a matter that had been upheld in court.
"He argued that during the negotiations, the landowner had told him 'shamba yangu imefika pale (that's the size of my land)'," CJ narrated.
On this account, the defendant indicated that it was his right to take the entire parcel of land shown to him during the negotiation and not what was documented.
"I asked him a simple question; what did you pay for... six acres or four acres? He could not answer me," Maraga added noting that he ended ruling in favour of the plaintiff.
Using the example, the Chief Justice urged the members of the Judiciary to think through their rulings and avoid denying justice to deserving citizens.
"I urge you to take charge of your courtrooms, ensure that we effectively manage cases and matters before us. Endless adjournment of cases on frivolous grounds is the very reason that we have case backlog in our system.
"The Constitution promises the people of Kenya among other things that you as a magistrate will do justice to all persons irrespective of status. That you (magistrates) shall render justice without undue regard to procedural technicalities and that you shall promote/protect the purpose/ principles in our Constitution," Maraga added.
The freshly sworn resident magistrates are expected to increase the Judiciary's capacity.
Maraga has in the past voiced that only when justice reaches the weak and the rule of law protects the indigent, that the country can proclaim that the Constitution is living up to its juridical and developmental promise of equality and equity.
