| dc.description.abstract | By virtue of the rapidly increasing numbers in criminal cases
brought to the courts for the purposes of settling disputes and
thereby eradicating social evils and threats to the stability of
society, the law as an instrument of social control has from time
to time been called upon to play its part in curbing the problems that
are inherent in crime and related evils. The increase in the number
of instances in which the law is called upon to so act, in turn inspires
those who are subject to its operation, and its admirers, to t~<e
a deeper and more objective look at the judicial system and the role
of the law in so far as the protection of the individual is concerned.
Needless to say, the law has been given the responsibility of guarding
the rights of the citizens.
For this reason the law is expected, through its machinery, to uphold
the minimum standards of what is right, fitting and fair to the satisfaction
of the individuals, in the contact of a just society. I have
chosen to discuss the role of magistrates in this connection for the
simple reason that generally, the operation of the law, in terms of
settling disputes, begins, (and more often than not these disputes end)
at the magistrate's court in Kenya. This situation arises partly
because of the expenses involved in the search of adjudication by a
higher court, and partly because of lack of information regarding the
citizen's right of appeal.
Consequently few people convicted at magistrate's court or feeling
aggrieved by a magistrate's ruling in a civil case ever choose to
take the matter to a higher court. Nonetheless, it is the magistrates
who deal with the day to day court cases involving Kenyan s of all
walks of life. It is apparent, therefore, that magistrates by virtue of this fact constitute the fundamental basis upon which justice in
Kenya is conducted. TI1ediscussion of their role, then, becomes
important, as a major shortcut to the general evaluation of the
degree of satisfaction of the entire population with the judicial
system and the overall promotion of justice.
attempt will be made in this paper to focus on the major issues,
including, for instance, a look at the various ways in which the bulk
of cases that continue to flow into the courts are tried; the problems
involved in dispensing with this task; the requisite standards of
performance; the shortcomings of the practice, and in the final
analysis, the effects thereof. | |
