Justice for sale: A victim narrates what his family went through after his brother was knocked down by a motorist along Waiyaki Way and his body dumped under the Gitaru Bridge.

Wednesday, December 18, 2024 - When prominent lawyers like Nelson Havi and Ahmednasir Abdullahi raise their voices against corruption in the Judiciary, it often sparks jokes, skepticism, or accusations of bullying and blackmail.

However, beneath the noise lies a truth that cannot be ignored: the Judiciary is deeply compromised, and the people who suffer most are those desperately seeking justice in its finality.

My experience is a painful testament to this reality.

My brother, Tom Odhiambo Onyango, was tragically killed in a road accident along Waiyaki Way.

The driver who hit him, instead of seeking immediate help, loaded my brother into his car under the pretense of taking him to the hospital. 

Instead, he drove towards Kikuyu and paid street boys to dump my brother, who was still alive, under the Gitaru Bridge.

When the incident was reported, we began a heart-wrenching search for my brother. It took us days of visiting countless mortuaries across Kiambu, Limuru, Naivasha, Tigoni, and Nairobi before we finally found him at City Mortuary.

The police who discovered his body under Gitaru initially assumed he was a victim of murder.

 When we clarified that he was involved in an accident, the case was transferred to the traffic department, but this only marked the beginning of our ordeal.

The painful days of tracing and searching for my brother made me aware of the gang of hoodlums who push those crossing Waiyaki Way on the paths of fast-moving cars hoping to blackmail the offending drivers and make quick money from the drivers while the victims bleed to death. 

It also made me aware of the corrupt cartels at City Mortuary where if you don't have money to bribe mortuary attendants, human body parts will be thrown on the table until you "toa kitu kidogo" for them to show you the person they know is your lost loved one.

I experienced extreme inhumanity.

From the outset, it was evident that justice was for sale. 

We had to bribe officers at every turn just to ensure the case received basic attention. 

The then Kikuyu DTO, Mr. Koko Rashid, shockingly wrote to us instructing us to find the police officers who could trace the offending driver and arrest him.

Frustrated, I escalated the matter to the then Inspector General, Joseph Boinett, who intervened and ordered the arrest of the driver.

Without direct access to IG Boinett, I would not gotten even an arrest.

But even with his arrest, the wheels of justice were deliberately sabotaged. Police officers, prosecutors, and magistrates all seemed intent on extracting bribes from the culprit through his lawyer (some ambulance chaser), who acted as a conduit for corruption.

He apparently acted for BRITAM in the bribery of court officials to skirt justice. BRITAM bribed in the criminal and civil cases. 

In fact, an executive of BRITAM told me that they pay big bribes for such.

When the case concluded, the driver was fined a mere Ksh 30,000 for taking a life. It was a slap in the face—a travesty of justice.

The civil case, CIVIL SUIT NO. 309 OF 2018, fared no better. By the judgment of Lady Justice Catherine Mburu, our family was awarded Ksh 924,924 as special damages, plus interest at a rate of 12%, bringing the total to Ksh 938,607.81.

While the court ruled in favor of our claim, it is painfully evident that this amount falls far short of reflecting the value of a human life. 

Even with a clear case, we were made to endure immense emotional and financial strain to secure this judgment.

The certificate of stated costs awarded Ksh 162,815.00, yet the process itself was marred by delays, inefficiencies, and overt corruption.

To make matters worse, I personally witnessed another judge, Hon. Jacky Kamau, openly engage in corruption during a court proceeding. 

When I confronted her, she unashamedly told me she would rule in favor of the other party. Such blatant disregard for integrity exposes just how deep the rot runs within the Judiciary.

These experiences have made me understand and even sympathise with the outcry from the two former LSK Presidents. 

Something is profoundly wrong with the Judiciary, and unless it is addressed, ordinary Kenyans will continue to suffer irreparable losses. The cancer of corruption within the Judiciary must be exposed and uprooted.

I humbly appeal to all those in positions of power, oversight, and influence to take action. 

My brother's story is not unique; it is one of many. But I share it with the hope that it can shine a light on this systemic problem and inspire collective action to restore integrity to our courts.

Let us fight for a Judiciary that upholds justice—not one that auctions it to the highest bidder.

The Kenyan DAILY POST.