Machakos presiding Judge Lady Justice Pauline Nyamweya. [Photo/the-star.co.ke]
Machakos presiding judge Lady Justice Pauline Nyamweya has cautioned chiefs against overstepping their mandates in dispute resolution.
Nyamweya said chiefs should know their roles as administrators and let courts undertake their constitutional duties, they should not become ‘judges’ themselves and instead provide courts with right information on cases before them.
“Some chiefs overstep their mandates as a result of not being certain on legal positions and their constitutional roles. Chiefs should not take sides in cases and instead assist courts with relevant information, they should let courts do their work,” said Nyamweya.
She spoke during a two day Machakos Courts Court Users Committee and Chiefs Sensitization Workshop on Dispute resolution in the Law of Succession, Land matters and the Sexual Offences Act at a hotel in Athi River, Machakos County on Saturday.
“Machakos County Court users committee comprising of the Judiciary, police, Machakos government, county commissioner Matilda Sakwa, county probation officer, chiefs and chaired by myself identified a key stakeholder, chiefs in dispute resolution in the Law of Succession, Land matters, and the Sexual Offenses Act. There have been problems in cases which chiefs are involved in, we as a committee have been discussing on how to deal with the chiefs reason for the sensitization workshop as the first step of empowering them on their roles and mandates on these issues,” said Nyamweya.
Over 200 participants including Sakwa, deputy county commissioners, assistant county commissioners, chiefs and their assistants, police officers, lawyers, magistrates, prosecutors and clerks from the entire Machakos County attended the workshop.
Nyamweya said the training was also intended to empower chiefs so that they get equipped on how to deal with disputes at the local level and prepare residents before moving to courts where necessary.
“Chiefs are the first step in terms of Succession cases, they need to be knowledgeable to speed up enhancement of justice,” said Nyamweya.
“Chiefs have been erring especially in cases of succession involving women and polygamists, they need to give courts right information on the families involved. They must include all children including female ones who they have been ignorance thereby denying them their rights to inheritance,” said Nyamweya.
Nyamweya said matters get protracted when they get to courts in cases where chiefs give false information due to personal interests.
“If they are able to do the right thing, it will save parties their time and finances. The courts will also save time in determining such cases before them,” said Nyamweya.
She said chiefs had indicated they are best in advising the courts on real situations on the ground.
Nyamweya said the committee will make follow-ups on the chiefs’ performance on the issues before holding a similar workshop in two years time.