Milimani Law Courts; the Kshs. 950 million rip off!

 Constitutional Court of South Africa courtesy the Guardian

"Public buildings normally shut off the outside world. Normally you get swallowed up in the power of the state or corporate entity, but here the building is saying, 'I belong to you, you belong to me' "

- Justice Albie Sachs

I cannot forget my visit to the South Africa Constitutional Court building in Johannesburg with all its symbolism.

Milimani Commercial Courts

On Tuesday my excitement turned to disappointment.   Apart from being a  large space to accommodate everything and everyone, the new Milimani Law Court building is actually ripoff of great proportions.   Despite spending Kshs. 950 million the fittings look like cheap chinese imitations. The wood panels are the kind you would find in one of those local Nyama choma joints, badly finished.   What is it with marble floors and counters! The furniture, particularly the benches, look like those ones the village fundi made for my local church.   The walls are painted a kind of hospital blue that makes you feel that you are in a ward.  And who are these local architects who just refuse to utilise the abundant natural light and air that is available!   The court rooms lack natural light and air.   From past experience, the Government of Kenya cannot be trusted to maintain an aircon system. Just ask the lawyers in Mombasa.  Give the building 5 years and it have will be fallen apart!  It is apparent, that those who wanted to a building were more concerned about space for courtrooms and chambers and nothing else!

The thing that strikes you when you see Milimani Law Court is a huge building that seems to tell you, “what is your business here?”   The imposing facade, the metal fence and the big security gates do not in any way communicate the sense that justice is open or accessible.  Courts of law that should be accessible to members of the public easily become fortresses of justice. Long queues of wananchi waiting to pass through metal detectors and leaving their Identity Cards (yes ID’s) at the security desk to have a peek of how our justice system works is just not the way communicate a sense of open justice to the people.  No ID! No entry! Harry Thuku would be shamed by this. Surely with all the security cameras around there must be a smart way to deal with security.   Access to justice is not just about rules and procedures, it is about the ability of the people to see justice at work.  Court attendance must not be an inconvenience.  The identity card is a tool of social exclusion and the judiciary is unwittingly becoming a part of that exclusion.

 High Court Building, Nairobi

In the meantime, the Central High Court Building has now been vacated to make way for the Supreme Court and expanded Court of Appeal.   The High Court Building, constructed in the 1930's, was designed by the famed architect Sir Herbert Baker, the architect who also designed the famous Pretoria landmark, the Union Buildings. The High Court Building, a colonial landmark, has stood the test of time.  Apart from providing accommodation, Court houses reflect society's values and become symbols justice.  With the Milimani Law Courts, we lost our chance to place our national and local imprint on our vision of justice.