Senior Counsel and former President of the Law Society of Kenya, Nelson Havi, has accused a magistrate based in Migori of taking a bribe in a defilement case involving a police officer who allegedly abused his own minor daughter.
He claims the magistrate accepted money to release the officer on cash bail and has questioned why the same judicial officer has been shortlisted for appointment as a Judge of the High Court despite the serious allegations.
Havi has also expressed disappointment that the Law Society of Kenya has not spoken publicly about the matter.Havi says he was involved in the case from the beginning and helped ensure the arrest of the officer.
After the arrest, the court granted the suspect cash bail. Instead of attending trial, the officer fled to Tanzania. With the help of Interpol, he was later returned to Kenya to face the charges.
Even after showing that he could escape the country, the court released him again on cash bail. These decisions allowed him to remain free as the case continued.
To protect the young girl, she was placed under witness protection. However, according to Havi, individuals linked to the accused still managed to reach her. This raised serious concerns about her safety and about how effective the protection measures were. Havi further alleged that the officer sold land to raise money.
He claims the funds were used to hire legal representation and to bribe officials at the Office of the Director of Public Prosecutions as well as the magistrate handling the case.
Havi has described the situation as one of the most frustrating experiences in his legal career. Beyond representing the child in court, he and others stepped in to provide her with a stable home after the system failed to fully protect her.
He believes the repeated grant of bail, especially after the accused had fled the country, showed poor judgment and possible corruption.
The case has raised wider concerns about how courts handle serious sexual offences involving minors, especially when the accused is a police officer. Many have questioned whether the risk to the child and the public was properly considered when bail was granted more than once.
The claims of bribery, if proven, would point to deep problems within the justice system.Havi’s public statements have added pressure on judicial and legal bodies to address the matter openly.
He has warned that corruption within the courts damages public trust and harms victims who depend on the system for protection.
The case has now become a strong call for accountability, transparency in judicial appointments, and stricter handling of cases involving children.
