Nairobi county government now wants the recently moved City Magistrates Court back under their wing.
As a result, the county officials have appealed to the Nairobi MCAs to come up with a framework of how the courts can be reinstated to City Hall.
Acting county secretary Patrick Analo on Wednesday revealed that since all cases were transferred to Milimani, the county has been losing millions.
"We are appealing to this committee to help come up with a way that will help the operations of these courts be reversed at City Hall. As we speak Nairobi does not collect anything from the people we arrest after committing mistakes," he said.
The money was collected as fines and penalties from those who defaulted the county laws.
Analo added that the county couldn't impose fines for the cases at Milimani since the city is governed by bylaws.
He spoke when he appeared before the Justice and Legal Affairs Committee.
He also said that if the courts are not moved back to the county, they might be forced to 'let go' staff who were previously attached at the city courts.
"As we speak we have at least 20 officers who just earn a salary but don’t have work to do. We are worried that it may be difficult to retain them in the future," Analo added.
Also appearing before the committee was Chief Officer Revenue Wilson Gakuya who revealed that Nairobi used to make at least Sh 60 million annually from the courts.
The changes announced on September 28, 2023, by the Judiciary which took effect on October 2, 2023, directed that all pleas from Nairobi County be registered at Milimani.
"The county pleas will now be taken to No.23 Milimani Law Courts by the County Magistrate Pleas Court,” a notice by the Judiciary read.
In addition, cash bail and fines are to be paid at Milimani after the issuance of an invoice at the Milimani Law Court county registrar counter.
Chief Magistrate Gicheha said this was in line with a Memorandum of Understanding between the Judiciary and the Council of Governors on March 10, 2016.
Clarifying the move, Chief Registrar Anne Amadi said then that the Constitution 2010 brought about changes in the justice sector.
This includes the enactment of the County Governments Act, which repealed the Local Governments Act.
However, the move has since been opposed by the County Prosecution team which has now expressed its concerns that that city could be thrown into chaos.
Acting County Attorney Christine Ireri who appeared before the same Justice and Legal Committee in September told the MCAs that the Governor was in talks with the Chief Justice to recognize the unique role of the City Court in restoring order in the city.
She acknowledged that the CJ had earlier communicated to the Council of Governors about the transition of the County court cases to the judiciary.
However, Ireri highlighted that some issues had to be addressed first before the move.
She added that the transition was rushed and it watered down the essence of the city court being domiciled at City Hall.