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Online court eases access to justice for Kwale residents

Ramisi MCA Hanifa Mwajirani, Deputy Government Spokesperson Mwanaisha Chidzuga, and Justice Addraya Dena are pictured at the Jomo Kenyatta Primary School in Kwale County on June 16, 2024, the International Day of the African Child. (Photo: Mishi Gongo/EV)

By Mishi Gongo | Sunday, June 16, 2024

Justice Addraya Dena, stationed at the Kwale Law Courts, said that some cases are closed after two or five years when the complainant fails to appear.

Many people from Kwale County have not received justice in various matters for failing to appear in court on time due to financial constraints.

Hamisi Masibu, one such person from Kinango, told The Eastleigh Voice on Sunday that he could not raise Sh600 to attend court sessions.

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It was a civil land case with a neighbour who, he said, extended his farm's boundary. Efforts to settle the dispute at home were unsuccessful.

"We tried involving the elders but my neighbour turned violent so I had to involve the government," he said, adding, however, that registering the case at the Kwale Law Courts, he could not attend the sittings due to financial constraints, so it was closed.

"I filed the case in 2017 and only went back this year but was told to restart the process of registering afresh," he said.

Justice Addraya Dena, stationed at the Kwale Law Courts, said on Sunday that some cases are closed after two or five years when the complainant fails to appear.

"When a case goes on for more than five years and the complainant is nowhere to be found, we are forced to close the case."

She added, however, that residents can now participate in court cases online, which is cheaper.

"We have introduced online court sessions where an individual can log in using a smartphone. You only have to buy data bundles for less than Sh100," she said, adding that is a worthy option for the poor.

"For some people, it is hard to commute from home to court but with this new technology, the process has been made easier. Imagine commuting from Mariakani to the Kwale court for a two-hour proceeding," she said.

She spoke at the Jomo Kenyatta Primary School in Msambweni Sub-county during an event marking the International Day of the African Child.

Children from different schools in Kwale County celebrate the International Day of the African Child at the Jomo Kenyatta Primary School in Msambweni Sub-county on June 16, 2024. (Photo: Mishi Gongo/EV)

Justice Addraya further cautioned the public against listing relatives' names without clearly stating their relationship, citing land disputes that she described as a "hot topic" in the region.

"We have handled cases where siblings decide to list a name without indicating that [the person] holding the title [of. property] on their behalf. In the end, the sibling decides to sell the land without involving the others."

The judge also asked the people to familiarise themselves with land and inheritance laws.

Kwale Resident Magistrate Lilian Lewa warned people who defraud orphans when listed as the custodians of their properties.

"There are people who end up selling the property, leaving the children homeless. Some even take the children to orphanages and enjoy their wealth," she said.

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