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Adet: Meet Mombasa's philanthropic magistrate

 

Mombasa Principal Magistrate Vincent Adet has been in the news for mixing justice with philanthropy as he offers short-term solutions to problems facing suspects who appear before him for committing different crimes.

His style of dispensing justice has earned him praise and criticism from some Kenyans.

To some, sympathising with a suspect only encourages them to continue with breaking the law, while to others, the magistrate's decisions could have a positive impact on an accused person who may have committed a crime in circumstances that were beyond their control.

Though many may not agree with his style of doing things, only the suspects who have benefited from his philanthropy understand the value of the simple acts of kindness he has shown them.

Mr Adet never allows any interviews about his actions, saying he is not allowed to speak to the media about them, adding that he is only doing his job.

In at least two incidents, Mr Adet has converted his court sessions into mini-harambees to raise funds to buy food or clothes for needy suspects who appeared before him.

In the latest case, he handed Mr Richard Christopher Odhiambo new clothes after he appeared before him with a badly torn shirt that exposed his sensitive body parts for everyone to see.

It was the second time Mr Odhiambo was wearing the shirt.

October 3 was the day Mr Odhiambo's case was scheduled for mention after he pleaded to the charges against him.

He appeared with torn clothes and explained to the magistrate that he had asked the Shimo La Tewa Prison authorities for new clothes but did not get any.

"I’m wearing torn clothes because the prison authorities said they couldn't provide me with clothes because I was yet to be imprisoned," he told the magistrate.

He struggled to raise his hands up, cautious not to expose his naked body to the public in court.

Mr Odhiambo is accused of incest, which has denied.

He also could not raise bond and he is being held at the prison.

Appearing before the magistrate earlier, he made two applications: to compel the prison authorities to provide him with proper clothes and to have his case transferred to Kisumu so that his family could attend hearings.

“I do not have proper clothes to wear, even an inner-wear. The prison authorities refused to give me clothes because I am not yet jailed. I am suffering. I plead with your court to intervene," he lamented.

It was an emotional appeal to cover his nakedness that has seen him scolded. The magistrate, who was touched by Mr Odhiambo's appeal, handed him new clothes, ending the suspect's embarrassing moments with his torn clothes.

Mr Odhiambo became emotional and was lost for words after receiving the clothes.

But he gathered his courage and thanked the magistrate for his kindness.

"I am lost for words. I can only ask God to bless you for your kind gesture," said the teary Mr Odhiambo.

The suspect did not, however, have all his requests granted. His bid to have his case transferred to a court in Kisumu was rejected.

"Your application to have this matter transferred to Kisumu is unmerited and is hereby dismissed. However, your second request to have clothes, which is a basic need, has been allowed and I have bought you a few shirts", the magistrate said.

In another incident, in May, the magistrate briefly converted a court session into a funds drive to assist a couple who had been accused of stealing a bale of wheat flour to feed their hungry children.

Ms Saumu Ali and Evans Odhiambo pleaded guilty to the charge and explained to the court why they took the risk that landed them in trouble with the law.

In this case, a probation report and a teary confession from the couple motivated the magistrate to put aside the law and sympathise with their situation, an act that prevented them from going to jail.

Under ordinary circumstances, the couple would have been sent to jail but after they confessed to the offence, the magistrate ordered background information to understand their situation before sentencing them. Ms Ali and Mr Odhiambo were charged with stealing.

Their charge sheet indicated that on April 13, in Shimanzi, Mvita sub-county, they stole one bale of wheat flour valued at Sh1,980, the property of Grain Industries Ltd.

Despite pleading guilty, the magistrate said he was sympathetic with their situation.

Instead of jailing them, the magistrate organised a quick funds drive to purchase wheat flour and some meat for the couple.

"With three kids under her care, and no source of income, I am of the view that let us buy her a bale of wheat flour and some meat for today,” said Mr Adet.

The contribution began with the magistrate donating Sh1,000, followed by lawyers and others present in court.

The collection was handed to the woman, with the magistrate informing the couple that their sins had been forgiven with a warning that they must never repeat the crime.

Magistrate Adet explained at the time that his decision was based on a probation report that showed the couple had no source of income and depended on menial jobs to survive.    BY DAILY NATION   

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