How Court Files Disappear Forcing Judges to Release Criminals

Judge John Mativo during a previous court session
Judge John Mativo during a previous court session
FILE

A disturbing trend has developed in Mombasa where court files for active cases have been going missing in the hands of court staff.

High Court Judge, Justice John Mativo, states that files were disappearing in unclear circumstances, with a web of powerful individuals believed to be behind the new vice.

Justice Mativo protested that such activities would not be tolerated as citizens were being denied justice.

File image of a court gavel
File photo of a court gavel on a judge's table.
Photo
Sheria

In a ruling calling for action, Mativo called on the Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) to probe the case and prosecute those responsible for the disappearances.

“If courts were to tolerate disappearance of court records, how can a fair trial be guaranteed when court proceedings vanish in the hands of those obligated by law to protect them? The court will not allow itself to appear helpless in the hands of those entrusted with files,” read part of Justice Mativo’s ruling.

So far, more than 100 court files are missing from Mombasa Law Courts, leaving judges helpless and frustrated as they cannot execute justice without the requisite documents in a particular case.

The judge further stated that judgments delivered in the absence of the needed files makes it easy for convicts to appeal the judgments successfully, culminating in criminals being set scot-free.

Courts have pointed fingers at police and court registries for missing files and exhibits, which they state are sometimes disposed off without a court order.

Alongside the shortage of judges, the loss of crucial court items has contributed to the backlog of cases, which is among the greatest challenges that the judiciary is facing now.

569,859 cases remained unresolved by the end of June 2019, with 341,056 termed as backlog as they had gone beyond the desirable period of one year within which they should be completed.

Judicial officers during the reopening of Mombasa Law courts on July 27, 2020, that were closed due to COVID-19 infections among the staff.
Judicial officers during the reopening of Mombasa Law courts on July 27, 2020, that were closed due to COVID-19 infections among the staff.
FILE
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