JUSTICE IS NOT FOR SALE: Resisting Corruption.

In my career, I have had to have many very difficult conversations with clients. Some of these conversations happen when I have to look at a client in the face and advice them that the law is not on their side. That they would rather cut their losses and look for alternative legal means to achieve and protect their interest. However, recently, I have had one of the most difficult conversations in my life.

This conversation was not difficult because of being technical, but because it was very heartbreaking. It made me realize how much rotten the Kenyan society is, and how much reform is needed in the justice sector.

A potential client called me on phone seeking our services and our help in getting her child back. Her child had been taken away forcefully by the child’s estranged father, some couple of years ago. Her first question to me was on how much she needed to pay in order to get her child back.

Assuming that she meant how much she needed to pay us, I proceeded to give her a breakdown of our legal fee as well as the court filing fees and incidental costs related to filing of the case under urgency. After listening quietly she then said as follows:

“Elvis….apart from all that you have stated, how much money do I need to pay the judge so that I can have my child back? I know this is Kenya and money talks. I don’t want to lose this case at any cost so I am ready to pay give you money to pay the judge to rule in our favour. Will 10 million Kenya shillings be enough?”

I was dumbstruck for a moment. This was a client who had the law on her side in all possible ways. This was a client who could win custody of her tender girl child without the need to bribe anyone. But this was a client who had somehow lost all hope in the integrity of the Kenyan legal and judicial system as to imagine that all that she needed was to buy of the judicial officer. I spent the next one hour of our consultation attempting to convince her that she needed not pay anything more than legal fee and court fees to get her child back.

Is our system that rotten? So rotten that justice is now for sale to the highest bidder? As an advocate of the High Court of Kenya, I took an oath to uphold the Constitution of the Republic of Kenya and the Rule of Law. As an officer of the court, I believe with all my heart that it is possible to win a case in Kenya, without having to resort to buying the judge.

THOU SHALT NOT SELL OUT……

Begi’s Law Offices & Chambers has a very robust pro bono program where we do represent indigent persons. At one such time, I got a client who came to our office during one of our legal clinics which we hold on Tuesday and Thursday. She needed custody over her child who had been snatched by the child’s father who happened to be very wealthy. I took up the case and to my chagrin, the gentleman reached out to me offering me a bribe so that I can sell out my client. See the conversation on screenshot hereunder. I have made no attempt to hide the number that contacted me as he is not my client and thus no advocate-client privilege exists.