Judge faults collection of fines, fees by Mombasa County courts

County courts have no power to collect fees and fines arising from quasi-criminal cases, Mombasa High Court Judge Justice Ann Ong’injo has ruled.

In her ruling dated February 10, 2022, the Judge said actions by the County Government of Mombasa to collect fees, fines and deposits arising from quasi-criminal cases should be moved to court by way of judicial review.

“The support by the County Government in terms of infrastructure to enable the judiciary meet its constitutional and legal obligation to ensure access to justice does not, and should not, include collecting of revenue by the county government,” she said.

A quasi-criminal means a lawsuit or equity proceeding that has some, but not all, the qualities of a criminal prosecution.

Ong’injo said the Registrar should ensure the cases registered by the County Government of Mombasa are handled in line with the constitution and relevant statutes.

Ong’injo further directed the Chief Registrar of the Judiciary, Mrs Anne Amadi, three months to restructure the operations of Mombasa County courts.

“The court hereby orders that the Chief Registrar of the judiciary and the County Government of Mombasa puts in place structures that will enable the magistrate presiding over cases registered by the County Government to be handled in line with the constitution and relevant statutes within three months,” said Justice Ong’injo.

“It is high time that the matter is resolved. The current legal regime requires that all revenues collected by the court to be sent to the consolidated fund,” she added.

Mombasa businessman Patrick Kabundu filed a petition in 2018 accusing Mombasa County government of stealing money meant for the judiciary by operating illegal county courts.

Kabundu told Justice Eric Ogola after he was arrested and charged in a county court, he proceeded to pay a cash bail via mobile money. 

He however said the Paybill number indicated an account reading ‘General One’ instead of the official bank account.

The Attorney General, Director of Public Prosecutions and the Law Society of Kenya, who were interested parties in the suit, agreed with Kabundu that the county court should be scrapped because it was operating illegally and had no mandate to prosecute cases. 

But Mombasa County Government lawyer Paul Buti challenged his application, saying county courts have a mandate to prosecute and collect fines. Buti disputed a 2015 directive by former Chief Justice Willy Mutunga recalling magistrates presiding in these courts.

However, Attorney General lawyer Emmanuel Makuto said the courts and the judiciary functions are national functions and not devolved. He said the money collected as fines ought to be deposited in the judiciary consolidated fund.