By Tobias Ogutu
There is nothing that is disappointing as being lied to on serious matters. Are you aware that there are many court cases closed everyday as a result of the accuser missing court sessions? But do you know that some of these cases are closed without the accuser knowing? In case you are hearing this for the first time, then get this clear how it happens through the real life experience of Mama Damaris Odima from Chiga, Kisumu East Sub-County. There is a trick that police officers together with court clerks play in a court case they are interested to go in their favor by giving wrong court session dates to one party. The story of Mama Damaris highlights this trick clearly.
Mama Damaris lost a court case in 2023, not because she was in the wrong, but due to repeatedly missing court sessions. According to Mama Damaris, she was assaulted by a neighbor and sustained injuries. She reported the incident to the police, and the suspect was arrested. Later, the officer in charge contacted her and insisted on resolving the matter out of court. However, Mama Damaris refused, as this was not the first time the neighbor had assaulted her, and she insisted that the case proceed in court.
The police officer in charge was unhappy with Mama Damaris’s decision but could do nothing to change the situation except deceive her. He gave Mama Damaris an incorrect date to appear in court, while the neighbor was given the correct date. Mama Damaris was unaware of this and consequently missed both the first and second court sessions. When she returned to the officer in charge, he was furious and refused to speak with her. The second time Mama Damaris went to court and did not hear her case mentioned by the magistrate, she approached a court clerk for help, who promised to look into the matter for her.
To her surprise, after two days, the court clerk called her and gave her another incorrect date. The case dragged on until one day she discovered that it had already been closed. Although the neighbor no longer assaulted her, Mama Damaris feels that she did not receive the justice she deserved and fears that many others are experiencing the same situation.
It is true that police officers nowadays sometimes collaborate with court clerks to provide incorrect court dates to one party while giving the correct date to the other party in a case, aiming to influence the outcome in their favor. According to a court clerk I interviewed by phone, this is not a new tactic. The clerk confirmed that such practices occur daily in our courts, especially when the disadvantaged party is unable to bribe the officials involved. This clearly demonstrates that justice for the poor remains an elusive ideal.
