Judicial Attachment Report

CHUKA UNIVERSITY
SCHOOL OF LAW
BACHELOR OF LAWS
BLAW 329: CLINICAL ATTACHMENT
A CLINICAL ATTACHMENT REPORT UNDERTAKEN AT

MAKADARA LAW COURTS AND KIBERA LAW COURTS
AS FROM 13TH MAY, 2024 TO 13TH JULY, 2024
BY
MORGAN HOPE
REG NO: FB1/52962/21
JULY, 2024
DECLARATION
I, Morgan Hope, hereby declare that this Judicial Attachment Report is my original work and has
not been submitted for any academic award at this or any other University for academic
publication or any other purposes. References to other journals or material used herein are
indicated in the reference section.
Presented by:
Name: Morgan Hope
Signature: ………………..
Date: ...…/……/ 2024
University Supervisor:
Name: ……………………………
Signature: ………………………..
Date: ….../……. / 2024
ACKNOWLEDGEMENT
I hereby acknowledge the Almighty God for keeping me safe during my judicial attachment
period.
I acknowledge Hon. T. Gesora (CM), the current Chief Magistrate, the late Hon. M. Kivuti (PM),
my judicial attachment supervisor, Hon. W. Lopokoyit (SRM), my judicial attachment
supervisor, the entire judiciary (Makadara Law Courts and Kibera Law Courts) for their
guidance and advice they offered me during the entire attachment period and which also enriched
my report as well.
I acknowledge the Chuka University School of Law Judicial attachment supervisor, Mr.
Abdirizak D. Roba who facilitated my attachment supervision in a good and professional
manner.
I acknowledge all members of the judiciary staff as well as the support staff for their active
participation and a high degree of cooperation that enabled me have a good environment to
successfully undertake my judicial attachment.
DEDICATION
I wish to dedicate this work to my mother Beatrice Achieng’ Oloo, whose moral and financial
support has remained unrelenting, and to my entire family at large. I also dedicate this work to
the late Hon. M. Kivuti who provided a safe haven for me to grow professionally with her
constant guide during the judicial attachment report.
TABLE OF CONTENTS
LIST OF ABBREVIATION AND ACRONYMS
CHAPTER ONE: INTRODUCTION
1.0 INTRODUCTION TO THE CHAPTER
I was privileged to undertake my industrial attachment in the Judiciary of Kenya. The Judiciary
is among the three Arms of the Government established under Chapter 10 of the constitution of
Kenya and headed by the President of the Judiciary who is also the Chief justice of the Supreme
Court. The constitution also provides that judicial authority is only exercised by the courts and
tribunals however the authority is derived from the people.1 When exercising this authority,
courts are guided by various principles including but not limited to; promotion of alternative
dispute resolution mechanisms, expeditious justice that is equal to all, irrespective of status. 2 To
achieve delivery of justice as a mandate, the Judiciary is guided by the Constitution of Kenya
and other laws.
One of the major ways through which the Judiciary discharges its functions if through the court
system. Courts in Kenya are divide into superior (The Supreme Court, Court of Appeal and High
Court), and subordinate courts (Magistrates Court, Kadhi’s Court and small claims court).
1.1 NAME AND LOCATION OF THE COURT STATION
I was placed at Makadara Law Courts. The institution is a subordinate courthouse (Chief
Magistrate’s Court) in Nairobi City, Kenya located on Eastlands crescent. It is located near
Jogoo Road Huduma Centre just after Our Lady of Visitation Catholic Church.
1.2 BACKGROUND INFORMATION AND SIZE OF THE COURT STATION

Makadara law Courts is a Chief Magistrate’s court (headed by a Chief Magistrate) which has the
jurisdiction and powers to hear and determine; criminal matters, traffic matters and, also petty
crimes. The courthouse is a criminal court thus does not handle any civil matters. The station is
arguably the busiest court in Criminal matters in East and Central Africa. It serves approximately
40 police stations in the area.
1.3 VISION OF THE COURT STATION

To be an independent institution of excellence in the delivery of justice to all.
1.4 MISSION OF THE COURT STATION
Administration of justice in a timely, fair, accountable and accessible manner, upholding the rule
of law, advancing indigenous jurisprudence and to protect the Constitution.
1.5 ACCOMPLISHMENTS AND RECOGNITION OF THE COURT STATION

1
Article 159 (1) Constitution of Kenya;
2
Article 159 (2) Constitution of Kenya;
Makadara Law courts is recognized for hosting the European Commission’s High Representative
and vice president, Mr. Joseph Borell, at the invitation of the current Chief Justice Martha
Koome on 28th January 2022. The visit led to the formation of Linda Haki Project which
provides free legal information, court representation and psychological support to women and
girls. Their work is supported by UNDP and the EU.
The institution was also the first virtual court with prison mentions during the COVID-19
pandemic. The court came up with management rules to continue cases during the pandemic on
16th March 2020. The first virtual plea was done here.
CHAPTER TWO: ABOUT THE COURT STATION

2.1 ORGANISATION, STRUCTURE AND MANDATE OF THE STATION
2.2 AN EXPLANATION OF THE AUTHORITY CHAIN
2.3 OBJECTIVES OF THE ORGANISATION
2.4 ACTIVITIES OF THE ORGANISATION
2.5 STRATEGIES TO THE ATTAINMENT OF THE OBJECTIVES
CHAPTER THREE: PERFORMANCE OF THE STATION
3.1 CURRENT ACHIEVEMENTS OF THE STATION
3.2 CURRENT CHALLENGES OF THE STATION
3.3 POSSIBLE INTERVENTIONS
CHAPTER FOUR: CASE (S) PROFILE
4.1 ACTIVITIES IN COURT
4.2 INTEGRATION
4.3 GOALS
4.4 CHALENGES FACED DURING CLINICAL ATTACHMENT
4.5 HOW CHALLENGES WERE OVERCOME
4.6 STUDENT’S PROFESSIONAL CONTRIBUTION TO THE STATION MANDATE
4.7 ANYTHING INTERESTING
CHAPTER FIVE: INTERNSHIP BENEFITS
Theory and practice are interwoven. Just like braiding a rope, the two aspects are continually
connected together. Judicial attachment exposes learners with real life situations and equips them
with effective problem solving skills which may not be achieved fully when focusing on only the
theoretical part.
5.1 RELATIONSHIP BETWEEEN THEORY AND PRACTICE
The judicial attachment was actually the practical part of what we are taught when undertaking a
law program (especially LLB). The judiciary derives its authority from the Constitution and
other laws. Makadara law courts only handled Criminal matters, therefore all subjects, related to
Criminal law, Evidence Law, Constitutional law, etc., taught in class (as the theory part) were
seen to be practicalised by the Courts.
For example, Makadara law courts itself is a manifestation of Chapter 10 of the Constitution of
Kenya (constitutional law) that establishes Magistrates courts.3 And the practice derived from the
Criminal Procedure Code to sentence convicted criminals (criminal law).4 From the theory of
how to draft a judgement5, we were tasked severally to write judgements to help build and
nurture effective problem solving skills.
Some of the aspects learned in theory are seen to be rarely practiced in Courts. For instance, the
Criminal procedure code provides for the process for initiation of a plea agreement
5.2 PROFESSIONAL OBSERVATIONS ABOUT THE WORK ENVIRONMENT
5.3 IMPORTANT THINGS LEARNED
5.4 LESSONS LEARNED IN THE ORGANIZATION INCLUDING BEST SERVICE
DELIVERY PRACTICES
5.5 HOW CLINICAL ATTACHMENT FITS INTO FUTURE CAREER PLANS
5.6 MAJOR CHALLENGES ENCOUNTERED
5.7 MAJOR RECOMMENDATIONS
5.8 RECOMMENDATION TO BOTH UNIVERSITY AND STATION OF
ATTACHMENT
5.9 ANY OTHER RELEVANT INFORMATION
3
Article 169 (1) (a) Constitution of Kenya
4
Section 7 (1) (a) Criminal Procedure Code
5
Section 169 Criminal Procedure Code

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CHUKA UNIVERSITY

A CLINICAL ATTACHMENT REPORT UNDERTAKEN AT

1.2 BACKGROUND INFORMATION AND SIZE OF THE COURT STATION

1.3 VISION OF THE COURT STATION

1.5 ACCOMPLISHMENTS AND RECOGNITION OF THE COURT STATION

CHAPTER TWO: ABOUT THE COURT STATION

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