Kenyans on social media have asked Chief Justice Martha Koome and the Director of Public Prosecutions to respond to the cries of Carlos Taka, a 68-year-old man, who caused drama Wednesday in a Malindi court. Taka angrily cried out to the Court and accused it of slowing his justice for a year.
“This is justice denied, and this is the most useless Court in the world. I’m telling you, Kenyans, this is the most useless Court in the world. I’ve been in remand for one year because of a simple witness from Court here. This thing, I tell you, Kenyans, will come to an end someday.
“I claim the privileges of a Kenyan of my age – 68, to be given justice. You cannot just bring me to Court, take me to remand, and bring me back and take me back. I’m not happy; I’m not happy—one year, madam. I’m being held in remand for a whole year because of witnesses from Kwa Ndomo and the old Court here,” Taka told the Court.
Malindi Resident Magistrate Olga Onalo tried to calm him down, but her interventions fell on deaf ears as Taka continued shouting angrily, almost crying.
See video below from KBC
68 year old man causes drama at the Malindi Resident Magistrates Court when he protested the delay to conclude his case. ^RW#TheGreatKBC pic.twitter.com/UoHITKG5U6
— KBC Channel1 News (@KBCChannel1) October 19, 2022
“Justice delayed is justice denied. This is justice denied, and this is the most useless Court in the world” Carlos Taka
After the video clip went viral on social media sites, The Judiciary released a statement to clarify the matter raised by Taka.
In the statement, the Judiciary said Taka was charged before the Malindi Court Criminal on October 12, 2021, with five counts of obtaining money by false pretenses and one count of impersonating a public officer.
The statement read that the investigating officer had objected to Taka pursuing his case while out on bond, citing that he has no known place of abode and no identity card.
“Despite this, the Court upheld his right to bond, and he was granted a bond of Ksh. 200,000 and a surety of like amount. At his request, it was later reviewed and reduced to Ksh. 150,000,” the statement stated.
It’s unclear whether Taka has the means to raise the bond.
A total of 4 witnesses have testified so far. Two are remaining. On Monday, October 17, 2022, Taka appeared before the Court, but the ODPP asked the Court for the last adjournment to allow them to call one complainant and the Investigating Officer.
The last adjournment was granted, and the hearing date is set for December 14, 2022.
“The impression being created in the public domain is a false narrative perpetuated by Mr. Taka’s statement in court on October 17, 2022, and the above facts would show that his case has been handled with all fairness possible,” the statement concluded.
Kenyans on Twitter took issue with the Judiciary, accusing it only providing favorable justice to the rich.
“So four witnesses take a year to testify, bearing in mind that he was unable to raise a bond of 150000 because he is poor,” Mercie Kerry said. “Do you want to blame him for the lack of bond?”
A tweep identified as Sina Maoni took issue with how the judiciary seems to be operating.
“You, Judiciary keep quiet; those are the small cases we should be hearing you dropping and the accused released unconditionally, not the big boys who have been accused of theft of billions. Why were the billionaires’ cases dropped in quick succession last week?” Maoni tweeted.
Elphas Moni also lashed out at the Judiciary, saying: “I dismiss your letter. Anyone incarcerated should have cases expedited. Why adjourn for eight weeks when an accused person is in remand? Don’t you know he is innocent until proven guilty? By overstaying in remand, it means you have sentenced him already. We demand justice,” Mini said.
Lawyer Ahmednasir Abdullahi responded to the Judiciary’s statement, calling the arm a broken system. He said: A broken system telling the world it’s broken. Where will a 68-year-old mzee in Malindi get Kshs 150k to be freed on bail? By fixing the bail sum at Kshs 150k, the Court makes the constitutional right to bail illusory and mirage.