Kituo cha Sheria

Who We are

Welcome to the Kituo Cha Sheria (KITUO) website. KITUO was established as a Non-Governmental Organization (NGO) in 1973 by a group of lawyers who recognized that inability to access justice occasioned by poverty, marginalization and vulnerability undermined fundamental human and peoples’ rights....Read more

KITUO CONDEMNS THE LEGISTLATORS ATTEMPT TO DISBAND THE SALARIES AND RENUMERATION COMMISSION

Kituo Cha Sheria, (The centre for legal empowerment) wishes to express its displeasure by the act of members of parliament who not only want their salaries increased but also want to cripple the functions of salaries and remuneration commission and have already made the first attempt in parliament to pass a petition asking the president to start the process of disbanding the SRC. Just like the former President refused to endorse the lavish send off package for the 10th parliament, we Kenyans bank on President Uhuru to reject the machinations of Parliament in this proposal.

At a time when the country’s wage bill is unsustainable and the economy is struggling, lawmakers are demanding salary increment. Millions of youth are jobless and legislators are already threatening to frustrate Parliament if their wish is not granted. This act by MPs is contrary to the ideals of leadership and integrity required of state officers under chapter six of the constitution.

According to Article 230(4) of the constitution, the powers of the salaries and remuneration commission shall be to set and review the remuneration and benefits of all state officers. The SRC is also tasked with the mandate to advise the national and county government on the remuneration and benefits of all other public officers and this they must do through regularly analysing and ensuring that the total public compensation bill is fiscally sustainable.

Kituo calls on the legislators to stop threatening the SRC because it is protected by the constitution. “The temptation and mischief of parliament to determine their own salaries and benefits precipitated the creation of SRC” says KITUO’s executive director.. ‘If our MP’s feel the salary and benefits attached to their offices are not adequate to meet their needs they are at liberty pursue more rewarding careers as the current scale was set before the election’ M.s Angote added. The Mps Job is not to offer handouts to Kenyans, as some are agitating, but provide a hand to pull the country out of poverty. Regrettably this latest move is retrogressive and KITUO is concerned, she noted

Kenyans equally calls on the SRC not to be intimidated and to remain true to their constitutional mandate. Their competency or lack of it in discharging this mandate cannot be adjudged by those affected as under the constitution parliament has no mandate to set or review the salaries of state officers.

“GO MATATU” CAMPAIGN ON PROMOTING PEACEFUL ELECTION DISPUTES RESOLUTION

Kituo Cha Sheria’s regional office in Mombasa, through the support of PACT, ACT! and USAID, is sensitising residents of Mombasa county on election dispute resolution mechanisms through the courts. The innovative initiative is dubbed “The Go Matatu Campaign”. It involves civic education to commuters done in motion by Kituo cha Sheria staff, paralegals from Kisauni Community Development Initiative (KICODI) and Lamukani and volunteer law students from Students Association for Legal Aid and Research (SALAR).

On 5th April 2013, the Go Matatu was flagged off from KICODI community justice centre in Mlaleo by representatives from Kituo cha Sheria, KICODI, Lamukani, Yes Youth Can and Coast Interfaith Council of Clerics (CICC) .For two weeks now, the “Go Matatu” has plied virtually all routes within Mombasa county. The areas reached include Bamburi, Ferry, Mtwapa, Kongowea, Mainland Magongo, Bombolulu, Mshomoroni, Mwembe Tayari, Likoni, Ukunda, Docks Changamwe, Kiembeni and GPO (Posta). So far over 1,500 people have been reached through this campaign. The Go Matatu campaign came to an end on 16th April 2012.

The Go Matatu offers free rides to residents in exchange for interactive and compelling discussions on the laws and procedures around electoral dispute resolution. The project activity was particularly timely. Just one week before we began implementation, the Supreme Court delivered its ruling on the presidential election petition. This allowed for free deliberations even on the Supreme Court decision without fear of being subjudiced.

The main aim behind this short term project activity is to encourage and raise awareness around resolution of electoral disputes through courts and to avert any possible eruption of violence with regards to the elections outcome. For instance, Mombasa county, already has a number of election petitions filed against gubernatorial and parliamentary outcome. Nonetheless, most wananchi remain unaware of the positive changes in the electoral laws and a reformed judiciary that can result in a just outcome.

The content of the civic education aboard the Go Matatu included the Constitutional threshold on conduct of elections, the positive aspects of the Elections Act and the newly conferred powers of a reforming judiciary when determining an election petition. The civic educators hinged their discussions on article 38 of the Constitution on right of every Kenyan to a free, fair and regular elections based on universal suffrage. They touched on the reform areas in the Elections Act No. 24 of 2011. More specifically, section 74 of the Elections Act where the Independent Electoral and Boundaries Commission is empowered to resolve disputes within 7 days before the elections and the declaration of results. The civic educators emphasised on the courts being the appropriate avenue to resolve disputes arising from the elections. The courts have six months to hear and determine gubernatorial, senatorial, National and County Assembly election petitions. They highlighted that the Elections Act confers powers on the High Court to hear and determine gubernatorial, senatorial and the National Assembly election petitions. On the other hand, county assembly petitions are heard and determined by the Resident Magistrates’ Court and appeals therefrom heard and determined at the High Court. It was emphasised that appeals should be heard and determined within 6 months after being filed. Unlike in the previous law regime, courts have been conferred with powers to declare a winner of an election following a recount rather than ordering a by-election that would cause delays and waste resources
The other reform areas under the Elections Act that are being shared to the commuters include the ability to serve the opposing party by personal service or through advertisement in a newspaper of national circulation. The law provides that the advertisement should be broad enough not to escape the attention of a reader.

SUCCESS STORY OF EVALYNE NGONYERE KEDOGO

Kituo has been on the forefront in ensuring individuals get access to justice. It is on this mission that Kituo came into the case of Evalyne Ngonyere Kedogo
Evalyne a middle-aged woman and a mother who was employed as a general casual worker by Superfoam Limited in August 1998.

Her story is that she was employed as aforesaid and her pay was Kshs 349 during the day and Kshs 807 at night all constituting a monthly pay of Kshs 10,000/=. She hysterically states that on 3rd January 2012 she had an injury in her house and sought permission from her supervisor to seek for medication that was granted but when she came back on 9th January 2012 she was sucked.

Evalyne came to kituo for legal aid and Kivungi, a legal assistant with Kituo did not hesitate to take legal action on the Superfoam Ltd.

Kivungi sent out a demand letter which elicited no response. Kituo was relentless and filed the labour matter in the Industrial Court being Industrial Court Cause No 694 of 2012. After her employer got the court summons, it knew Kituo meant business in ensuring there is justice and equity even for the indigent. The Superfoam Ltd immediately instructed a lawyer to defend the case. When the matter was fixed for hearing the Claimant called upon Mr Kivungi who briefed the claimant on how to self represent herself in Court.

The Matter came for hearing before Justice D.K. Njagi Marete who awarded to the claimant Kshs 470,500.00.
Thanks to Kituo’s intervention, Evalyne got Kshs 470,500.00 together with costs of the suit.

SUCCESS STORY

MARTIN MUNENE MWAI (0727007540)
CRIMINAL APPEAL CASE NO. 28 OF 2003 (NYERI HIGH COURT) BEFRORE JUSTICE J.K SERGON ORIGINATING FROM CRIMINAL CASE NO. 903 OF 2002 (KERUGOYA LAW COURTS) BEFORE MARGISTRATE WILKSON NYANGA NJAGI

Facts of law
1.The above name inmate was sentenced to serve a five years imprisonment vide court reference numbers above for the offence as recorded in the Kenya Police Occurrences Book Charge Sheet Police Case No. 221/191/2002, Date to Court 2/9/2002 that with respect to Count 1; together with his wife PURITY WAMBUI MIANO on divers dates between 31st November 1999 and 24th November 2001 at Kiang’ombe village in Kirinyaga District within the Central Province, jointly by fraudulent means conspired to defraud Stella Muthoni Kibaki a sum of Ksh. 175,000/= by falsely pretending that they will sell the land parcel No. KABARE/GACIGI/1331 to Stella Muthoni and Count 2; obtaining land registration by false prentices contrary to section 329 of the Penal Code.
2.Following the appeal to the High Court, the appellant was released from custody on bond pending appeal on 24th October 2003. Hon. Justice JOSEPH .K. Sergon delivered the judgement and quashed conviction on Count 1 but dismissed prayers in Count 2 and the appellant was required to serve the remainder of the sentence in the latter.
3.According to his committal warrant under custody of the Nyeri Prison Service, the section under which the prisoner was adjudged reads section 317 of the penal code that was squashed by the appellant judge instead of section 320 of the Penal Code which provides a sentence of one year imprisonment and not five years.
From Legal aid to legal empowerment
4.Martin Munene Mwai was a beneficiary of the 6 Months Hamasa Magerezani, and 15 Months Judicial Reform and Access to Justice Project implemented by Kituo Cha Sheria funded by UNDP-Amkeni Wakenya and PACT Kenya (now ACT!) respectively. The Hamasa Magerezani project strived to offer civic education on elections in prisons with the view of empowering the prison fraternity encompassing the administrators in the community legal empowerment project with the main focus on criminal law and procedure. The access to justice project seek to advocate for inter alia; enactment of the Legal Aid Bill.
5.Martin not only graduated from the paralegal trainings offered in Nyeri Prison but continuously shown interest in understanding basic human rights issues in preparation for his appeal. He was an active participants in all the sessions held at the Nyeri Main Prison. According to him, he served a wrong sentence and the appellate Judge silenced him by upholding the decision of the lower court.

Impact

6.On 8th February 2012, Martin through his wife Purity Munene launched a complaint to the Magistrate and Vetting Board based in Nairobi registering his reservation for professional misconduct by the above judicial officers to occupy the position of High Court Judge and Magistrate respectively. In his complaint, the two raised inter alia; unlawful sentence pursuant to S. 320 of the penal court by the Magistrate Njagi whilst the Hon. Judge Sergon failed to notice the mistake thereto.
7.Via the letter dated 13th February 2013, Martin Munene appear before the JUDGES AND MAGISTRATE VETTING BOARD on Tuesday 19th February 2013 at 9.30am at the interview of Hon. Wilkison Nyaga where he made his complaint jointly with his wife Purity.
8.On 13th March 2013 JMVB Chairman Sharad Rao found Hon. Wilkison Njagi unfit to serve in the Judiciary for two counts; made two errors in judgment, including presiding over a case where he was in debt to the defendant and failing to correct his actions after issuing a wrong sentence and leaving someone unjustly in prison.
9.In April 2013, Martin Munene was set free after (according to him) a communication from the Chief Justice Hon. Willy Mutunga to the Officer in Charge, Nyeri Prison.
10.On 18th April 2013, Martin Munene visited Kituo Cha Sheria to file his appreciation for the legal empowerment here above but also request for his pending certificate as a paralegal while in Prison.