The Attorney General AG, Director of Public Prosecution DPP and the Law Society of Kenya have have sounded Alarm over suspected fraud worth ksh millions of shillings in which Kenyans are duped to pay money worth millions of shillings to Mombasa/Nairobi county courts asking the Ethics and Anti Corruption to investigate to establish the recipient of the money collected daily.
This is after a Mombasa Lawyer through an affidavit filed in Mombasa high court established county court fines in Mombasa courts are channeled to an individual mpesa line.
According to the lawyer, this was against judiciary law and the said money cannot accounted be for. He further said that the operation of county courts in Mombasa should be scrapped off.
The three judicial bodies said that county courts have no power to prosecute, collect fines and cash bail on behalf of the judiciary.
The remarks come hot on the heels of a petition filed by Patrick Kabundu who has accused Mombasa County Government of stealing money meant for the judiciary through operating illegal county courts.
Kabundu who appeared before Justice Eric Ogola said the money collected as fines and cash bail by the county courts end up in an MPESA registered to an individual as opposed to Kenya Commercial Bank account.
Kabundu applied to have the county courts shut down with immediate effect and seize to collect any fines and cash bail from Mombasa residents.
Kabundu said that the county askaris were always harassing and arresting people and presenting them in the county courts where they fine them and the money forwarded to MPESA personal number.
“I was arrested and charged at the county courts and after I pleaded not guilty to the charges, I proceeded to pay cash bail of sh. 75 through MPESA that reflected a personal pay bill referred as General One instead of KCB account,” said Kabundu.
He said that he also paid a cash bail to the judiciary and it was reflected into KCB account.
Kabundu said that the Chief Registrar had made her stand clear and declared that only the judiciary was bestowed with the mandate to prosecute and give fines and cash bails.
In a letter drafted by the Chief Registrar to Kabundu, the registrar reiterated that they were not aware of any of their courts that were flouting the directive issued through a memo dated May 26 2015.
The registrar said they had instructed the AG to deal with the matter on behalf of the judiciary.
Meanwhile in same court former Kisauni OCPD told the court some top police officers at the county were colluding with land invaders and top politicians to invade land that belongs to private owners.
Kinuthia was testifying in a case in which late Mombasa Tycoon sons have sued Mombasa county,Kenya police did not help to stop invaders invading more than 74 hectare s of land.
Kinuthia told the court they had protecting the land until a senior officer from the county arrived in company of invaders and politicians and ordered them to move away.
The office of attorney general through lawer Makuto has requested to gazzete the names identity No of all squatters as it office had established same names of squatters and Ids were appearing in different land cases involving squatters.
Kabundu wants a conservatory order be issued directing all revenues accruing from collection arising from violation of the county legislation to be paid to judiciary accounts and applied to the consolidated funds until the hearing and determination of this application.
That a conservatory order be issued directing all revenues accruing from collection arising from violation of the county legislation to be paid to judiciary accounts and applied to the consolidated funds until the hearing and determination of this petition.
Kabundu said that the county government of Mombasa has purported to collect all revenues accruing from collections arising from out of violation of the county legislation from June 1 2015.
“On May 2015 through a letter the chief registrar wrote to all heads of station in the counties which are the chief magistrates and directed that no revenue or part of revenue should be remitted to the county government,” said Kabundu.
He said that for the last three years the public funds have been directed to Mombasa County account.
Kabundu said that the national government has failed to receive the consolidated fund arising from Mombasa County legislations through the judiciary.
“This is daylight theft. The public funds are now being channeled to some people’ pocket in breach of law,” said Kabundu.
He said that the government of Kenya through the consolidated Fund will continue to lose millions of revenue in which are public funds to the county government from county by-laws collected in breach of the constitution 2010.
Kabundu said that some counties have proposed the sharing of fines and penalties collected by the courts as a source of revenue for the county governments.
“However the current regime requires all revenues collected by the judiciary be sent consolidated fund,” said Kabundu.
He said that local government cap 265 which established the former city and municipal courts and created the offenses and penalties arising out of violations of the various local authorities by-laws has now been repealed by the county government act 2012.
“In other words such courts ceased to exist after the first general election under the constitution 2010. The judiciary has mitigated the effect of repealing the local government act, by transitioning the functions of the defunct municipal or city courts to designated magistrates courts within the various counties.
The AG said that the courts and the judiciary functions are national functions and not devolved.