Kenya Insights

Tag: Judicial Service Commission (JSC)

  • Former Employees Lodge Petition with JSC Seeking Removal of ELRC Judge Christine Noontatua Baari Over Alleged Bias and Incompetence in Redundancy Ruling

    Former Employees Lodge Petition with JSC Seeking Removal of ELRC Judge Christine Noontatua Baari Over Alleged Bias and Incompetence in Redundancy Ruling

    Nairobi, November 19, 2025 – A group of 16 former employees of Jumuia Hospitals Limited, operated under the National Council of Churches of Kenya (NCCK), has filed a formal petition with the Judicial Service Commission (JSC) demanding the removal of Hon. Lady Justice Christine Noontatua Baari from the Employment and Labour Relations Court (ELRC).

    The petition, dated November 17, 2025, and stamped as received by the JSC on November 18, 2025, accuses Justice Baari of incompetence, bias, gross misconduct, and serious violations of the Constitution in her handling of a high-profile redundancy case. The petitioners, led by Dr. Margaret Migiro and represented by Midenga & Company Advocates, argue that the judge’s conduct undermines public confidence in the judiciary and contravenes Chapter Six of the Constitution on leadership and integrity.

    At the heart of the complaint is ELRC Cause No. E175 of 2021: Dr. Margaret Migiro Mbaabu & 15 Others v Registered Trustees of the National Council of Churches of Kenya & Jumuia Hospitals Limited. The claimants, declared redundant in 2020 amid financial constraints at Jumuia Hospitals, challenged the termination as unfair and unlawful. They explicitly sought compensation for unlawful and unfair declaration of redundancy in their 2021 Memorandum of Claim.

    However, in a judgment delivered on October 30, 2025, Justice Baari ruled that while the redundancy process lacked proper justification and procedural fairness under Section 40 of the Employment Act, the claimants were bound by their pleadings and could not be awarded damages or compensation because they had not specifically prayed for it in the main suit. The judge noted in paragraph 65: “It is also safe to mention that though the Claimants asked the court to declare their termination by redundancy unfair, they did not proceed to seek damages/compensation for the unfair termination… this court will be in error to award that which was not prayed for.”

    The petitioners describe this finding as “extremely baffling and appalling,” insisting that their prayer for compensation was unambiguous and that the judge deliberately ignored it to produce a “cosmetic” outcome that shielded the NCCK from accountability. They further allege that Justice Baari overlooked other unaddressed prayers, such as withheld salaries and issuance of certificates of service, and failed to apply Section 49 of the Employment Act, which mandates compensation for wrongful or unfair termination.

    Additional grounds include claims that the judge showed bias by refusing to allow the claimants’ counsel to address the court immediately after judgment delivery, instead suggesting an appeal—a move the petitioners say reeks of compromise and an attempt to cover up flaws in the ruling. They contend that her actions eroded judicial independence, contravened Article 73(2) on objectivity and impartiality, and violated the Bangalore Principles of Judicial Conduct.

    The petitioners, who include medical professionals and support staff, say the ruling has left them victims of injustice, denied meaningful redress despite the court’s acknowledgment of procedural lapses by their former employer. One petitioner was reportedly awarded only KSh 10,000, described as derisory.

    Under Article 168 of the Constitution, the JSC must now review whether the petition discloses sufficient grounds for removal—such as incompetence, bias, gross misconduct, or constitutional violations—before potentially forwarding it to the President for the formation of a tribunal.

    Justice Baari, appointed to the ELRC in 2021 and stationed in Nairobi (with prior postings including Kisumu), has not responded publicly to the allegations. The JSC, which treats such petitions confidentially during initial review, has not issued a statement on the matter.

    This petition adds to a growing list of judicial accountability cases in Kenya, highlighting tensions between litigants’ expectations and strict adherence to pleadings in employment disputes. Legal experts note that while courts are bound by prayers sought, critics argue such rigid interpretations can deny substantive justice in labour matters.

  • Businessman Accuses Justice Ombwayo of Soliciting Bribes in Land Case, Provides M-Pesa Records as Evidence

    Businessman Accuses Justice Ombwayo of Soliciting Bribes in Land Case, Provides M-Pesa Records as Evidence

    A Nakuru businessman has filed a formal petition with the Judicial Service Commission (JSC) alleging that a High Court judge solicited bribes in connection with an ongoing land dispute case, providing mobile money transaction records as evidence.

    According to documents received by the JSC on April 7, 2025, Juma Okumu has filed petition number JSC 49/2025 seeking the recusal of Justice Anthony O. Ombwayo from an Environment and Land Court case in Nakuru.

    In his sworn affidavit, Okumu claims that on June 21, 2023, Justice Ombwayo made phone calls using a mobile number (0762458130) to a litigant or their representative, requesting Ksh. 300,000.

    The affidavit alleges the judge instructed the litigant through an intermediary, identified as Mr. Kariuki, to transfer funds to two separate mobile numbers.

    Okumu states he obtained M-Pesa statements showing that Ksh. 200,000 was sent to a Safaricom number (0790234852) registered to Violet Mumia, and Ksh. 100,000 to another Safaricom till number (921088) registered to Omutanyi Esther 3.

    “I am aware that Violet Mumia is a close relative to the Judge,” Okumu declares in his affidavit reviewed by Kenya Insights.

    “I am further aware that [the] mobile number 0790234852 is registered in her name – Violet Mumia, the same has at all times material to the instant application for recusal been under use and control of another very close relative to the Judge.”

    The petition involves two related cases: Nakuru ELC Case No. E033 of 2023 (Omar Mohamed Omar & Another v. Joshua Kulei & 5 Others) and Nakuru ELC E011 of 2024 (Juma Okumu v. Agricultural Development Corporation & 7 Others).

    The Judicial Service Commission has acknowledged receipt of the petition in a letter signed by Acting Registrar Isaac J. M. Wamaasa, stating it “is being processed in accordance with the law and the progress/decision of the Commission on the Petition shall be communicated to you.”

    Okumu argues that Justice Ombwayo should have disclosed alleged dealings with parties in the case, claiming “millions of shillings have been collected by him in connection with the above dispute to subvert justice.”

    The businessman’s affidavit invokes the judicial principle that “justice must not only be done but must be seen to have been done,” as grounds for requesting the judge’s recusal.

    The petition is being handled by Keaton & Keaton Advocates, based in Nairobi.

    The JSC has assigned reference number JSC Petition No. 49/2025 to the case.​​​​​​​​​​​​​​​​

  • OLWANDE ALLEGEDLY RUTO’S POINT PERSON AT JSC, SOURCES SAY

    OLWANDE ALLEGEDLY RUTO’S POINT PERSON AT JSC, SOURCES SAY

    Sources within the government and the Judicial Service Commission (JSC) claim that Commissioner Evelyne Olwande has emerged as President William Ruto’s key representative within the commission, allegedly playing a central role in what some describe as an attempted removal of Chief Justice Martha Koome.

    According to these sources, who spoke on condition of anonymity due to the sensitivity of the matter, a faction led by Commissioner Olwande reportedly planned to recommend the formation of a tribunal to investigate the Chief Justice, Deputy Chief Justice, and other Supreme Court judges based on complaints filed by lawyer Nelson Havi.

    These actions were allegedly undertaken with government backing.

    The sources claim these plans were only halted when the Chief Justice obtained a court order blocking the process.

    “She has directed all her attention to challenging the Chief Justice to the extent that she has forgotten her primary duty to defend her constituents,” said a magistrate from Lodwar who requested anonymity, citing concerns about professional repercussions.

    Critics allege that through Olwande, President Ruto is implementing a strategy to influence the JSC and potentially install judges considered favorable to his administration.

    Part of this alleged plan reportedly includes proposals to vet all judges and magistrates afresh.

    Commissioner Olwande did not respond to requests for comment when contacted last month regarding these allegations.

    The JSC plays a crucial role in Kenya’s judicial system, with responsibilities for appointing judges, handling disciplinary matters, and promoting the independence of the judiciary.

  • Eldoret Magistrate Dragged To JSC Over Land Dispute

    Eldoret Magistrate Dragged To JSC Over Land Dispute

    Eldoret-based herbalist Shadrack Moimet has escalated a contentious land dispute to the Judicial Service Commission (JSC) by alleging judicial misconduct by a magistrate in a case over a Sh26 million property in the upscale Elgon View estate.

    Moimet has lodged a formal complaint against Magistrate Charles Kutwa, claiming that Kutwa failed to declare a conflict of interest in a legal battle over the ownership of a piece of land identified as LR N Pioneer/Ngeria Block 1/8844. In a letter dated July 13, 2021, Moimet accused Kutwa of abusing his judicial position, expressing concerns that the magistrate might leverage his influence to unlawfully acquire the disputed land.

    “I do pray that the magistrate be reprimanded for his action for abuse of power and failing to meet the required standard of integrity in accordance with his standing in society in relation to chapter six constitution of Kenya,” Moimet stated in his correspondence with the JSC.

    The legal tussle began when Kutwa, who was serving as a principal magistrate in Iten at the time of the lawsuit, accused Moimet of not handing over transfer documents for the property which he claimed to have purchased from the herbalist. Moimet countered these accusations by alleging that Kutwa defaulted on the transaction and failed to provide evidence of financial transactions in court.

    On November 22, 2024, Eldoret Principal Magistrate Mogire Onkoba issued a court order compelling Moimet to obtain and surrender the necessary documents, including consent and title deed, to Kutwa. The order further stipulated that if Moimet failed to comply, Kutwa would be authorized to execute the transfer of the land to himself.

    Moimet, however, insists he had originally bought the land from a now-deceased individual in July 2011, and later in 2016, he agreed to sell it to Kutwa for Sh4.5 million. He claims that only Sh1 million was paid as part of the deal, with Kutwa taking possession of the property without settling the outstanding balance.

    Kutwa, on the other hand, maintains that he fulfilled the financial obligations of the agreement and accuses Moimet of withholding the essential transfer documents, necessitating the legal action to enforce compliance.

    Moimet’s appeal to the JSC comes after he challenged the lower court’s ruling, arguing that the judiciary favored Kutwa due to his status. He now awaits a hearing date from the Court of Appeal in Eldoret, where the matter is expected to be reviewed this month through a notice of motion.

    This case has become a focal point for discussions on judicial integrity and the handling of land disputes in Kenya, highlighting the need for transparent and unbiased judicial proceedings. The outcome of this appeal could set a precedent for how conflicts of interest are managed within the judiciary, particularly in personal legal disputes involving judicial officers.

    As the legal community and public watch closely, the JSC’s response to Moimet’s allegations against Magistrate Kutwa could have significant implications for judicial accountability in Kenya.

  • Havi Files Petition For The Removal Of CJ Koome, Supreme Court Judges

    Havi Files Petition For The Removal Of CJ Koome, Supreme Court Judges

    Former Law Society of Kenya (LSK) President Nelson Havi has sustained his onslaught on the Judiciary and is now calling for the removal of Chief Justice Martha Koome and all the Supreme Court judges.

    Havi filed a petition to the Judiciary Service Commission (JSC) and urged the Commission to compel President William Ruto to form a tribunal and begin the process of firing the seven, accusing them of gross misconduct.

    According to Havi, there is reasonable apprehension in the legal fraternity and the general public that the recent practice of the Supreme Court of Kenya entertaining and determining appeals from the Court of Appeal on civil and commercial matters where colossal amounts of money is involved but which have no novel question of general public importance, is motivated by corruption.

    “I swear this Affidavit in support of the complaint against Justices Martha Karambu Koome, Philomena Mbete Mwilu, Mohammed Khadar Ibrahim, (Dr) Smokin C Wanjala, Njoki Ndungu, Isaac Lenaola and William Ouko and ask that the Judicial Service Commission recommends to the President of the Republic of Kenya the formation of a Tribunal to remove the Judges from office,” part of the affidavit read.

    Lost confidence

    Havi claims that there is a general consensus in the legal fraternity within the country that “the public has lost confidence in the Supreme Court as a result of its decisions.”

    “The Chief Justice of the Republic of Kenya and judges of the Supreme Court like Ceaser’s wife, ought not to even be under suspicion of corruption,” he says.

    Among the complaints he has listed concerning CJ Koome is the lack of leadership and direction as expected of a Chief Justice, especially compared to former CJ Evans Gicheru.

    “Unlike Honourable Mr Justice Evans Gicheru, Honourable Lady Justice Martha Karambu Koome has failed to provide leadership and direction for the Supreme Court of Kenya and the entire Judiciary,” his statement read.

    Havi claims that he has come to believe allegations made by  Senior Counsel Ahmednasir Abdullahi that four of the Supreme Court judges had been bribed in their handling of the presidential election  petition.

    “I have demonstrated with instances herein above, how the seven judges of the Supreme Court have purported to enact laws to suit their interests, curtail and limit fundamental rights and freedoms, alter legal doctrines and principles, constituted themselves claimants in causes and proceeded to adjudicate those cause in disregard of trite law and express  constitutional and statutory provisions knowing well that there is no repreive to their unlawful actions and decisions,” he says.

    Determines appeal

    Havi also says the recent practice  by the Supreme Court to entertain and determines appeals from the Court of Appeal on civil and commercial matters involving colossal sums of money have left fears of  their possible involvement in corruption.

    “I do not understand what would motivate Judges of the Supreme Court if not corruption, to relegate themselves to the level of a Taxing Officer and start determining the quantum of instruction fees , a matter where no novel question of public importance is involved,” he states.

    He cites the case of Kenya Airports Authority versus Otieno Ragot and Company Advocates (2024) eKLR where Justices Koome, Ibrahim, Wanjala, Njoki and Lenaola allegedly unlawfully execised jurisdiction over a civil matter and altered a settled private law on ascertainment of instruction fees.

    He also cites the case of Geo Chem Middle East versus Kenya Bureau of Standards (2020) eKLR where Justice Mwilu, Ibrahim, Wanjala, Njoki and Lenaola declared themselves not to have jurisdiction over the matter and yet went ahead to determine it instead of disqualifying themselves.

    Havi, Senior Counsel Ahmednasir Abdullahi and other senior lawyers have been calling for the resignation of CJ Koome for months citing deep-rooted corruption in the institution.

    Assume jurisdiction

    Havi was yesterday supported by Ahmednasir who, in a post on X, said the judges of the Supreme Court blatantly lie and assume jurisdiction when the Court in law has no jurisdiction to hear the petitions.

    “The Court is paid crazy money to assume jurisdiction and the deal ALWAYS is to overturn the judgment of the Court of Appeal,” he posted.

    Havi also referred to a 2022 contempt of court ruling in which he, alongside his Assisting Counsel Esther Ang’awa and fellow SC Ahmednassir, were convicted.

    “To that end, when the petition challenging the election of President William Ruto was filed, the seven Judges of the Supreme Court of Kenya acting through Honourable Lady Justice Martha Karambu Koome sent a message that the two of us I should not appear in the matter. We obliged and stayed away, ” Havi says in his petition.

    However, fresh details have emerged regarding the heightened clamour for changes in the Judiciary orchestrated by the two who were once sworn enemies.

    Ahmednasir initially kicked off the campaign on a revenge mission against CJ Koome and other Supreme Court judges after they barred him from ever appearing before them.

    This followed his endless attacks on the judges, whom he accused of corruption and incompetence.

    Critics of Ahmednassir have revealed that as a strong supporter of President William Ruto, he has to recruit an impressive array of supporters who saw the benefit of destabilising the Judiciary ahead of the 2027 elections, and several senior lawyers who themselves had personal beef against the Judiciary leadership.

    Some of his colleagues say Grand Mullah’s beef with the Judiciary has been due to his desire to wield control over the courts at the highest level.

    His career has been characterized by controversies. In 2014 for example, the LSK sought to suspend him from practising law for six months for insulting a judge. This decision was later overturned on appeal.

    Reports indicate that he has been using threats, judicial blackmail, and government connections to manipulate outcomes.

    Equally, Judiciary employees have even accused him of bullying them and spreading false accusations of corruption against judges when they refuse to be compromised.

    Ahmeddnassir’s name has also been linked to a Somali group which was accused of laundering ransom money paid to Somali pirates. It was Ahmednasir’s law firm that represented members of these cartels amid suspicion that he was used to launder the money. In an interview with a local media house in September 2021, Ahmednasir acknowledged that the allegations of his ties with the Somali pirates were known at the highest levels of government and because of that President Mwai Kibaki’s State House was initially opposed to him sitting in the Judicial Service Commission.

  • Graft: Petition Filed To Block Issack Hassan’s Appointment As Court Of Appeal Judge Over Chickengate Scandal

    Graft: Petition Filed To Block Issack Hassan’s Appointment As Court Of Appeal Judge Over Chickengate Scandal

    A Kenyan living in the US has filed a petition seeking to block former Independent Electoral and Boundaries Commission ( IEBC) from being appointed as a Court of Appeal judge in a position that he has applied for over links to corruption.

    Peter Makori, has lodged a petition with Judicial Service Commission (JSC) against Issack Ahmed Hassan saying the former IEBC lacks both moral and ethical standing to hold a distinguished position as that of a judge.

    Mr. Makora has claimed in the petition that one of the most stinking scandals to ever hit the commission christened ‘chickengate’ had happened under his watch when he was the chairman and insists that back stops with him even if he was not charged and convicted of the crime.

    While Mr. Hassan has repeatedly denied any involvement in the rogue deal, the petitioner insists that doesn’t absolve him of wrongdoing and taking responsibility for the scam that happened under his watch.

    He adds that the former electoral body boss was adversely mentioned in the scandal involving two directors at London-based Smith and Ousman.

    Chickengate

    The scandal was christened Chickengate because of the local conduit, Trevy James Oyombra, tasked with dishing out the bribe, had condemned the bribe money ‘chicken’ in correspondences with the UK paymasters.

    The two British directors, Nicholas and Christopher Smith were charged and convicted of bribing IEBC officials with Sh50 million in order to sway them into awarding their firm the multibillion shilling tender ahead of the 2012 general elections.

    “When the Chickengate scandal was exposed in London, British authorities moved in with speed and apprehended all the actors of British origin, prosecuted and imprisoned them. However, despite the British authorities providing evidence of impropriety involving the Kenyan commissioners and officials..many were let go except for a few who were not lucky,” Makori says in the petition.

    He insists Hassan who was amongst the commissioners adversely mentioned in the scam, cannot claim innocence on the basis of not been charged with the crime.

    He claims Hassan lacks integrity and moral authority to serve as a judge in Kenya or anywhere else.

    “Mr. Hassan does not meet the slightest integrity threshold to be interviewed for the position of the judge of Court of Appeal.” Makori said.

    “If he gets a bid from JSC to serve as a judge, it will not only be an atrocious insult to Kenyans but also go along way to degrade the integrity of the Judiciary.”

  • Corruption Is To Blame Over Shoddy Construction Works In The New Mombasa Law Courts Building

    Corruption Is To Blame Over Shoddy Construction Works In The New Mombasa Law Courts Building

    For three years after the completion of the new Mombasa Law Courts Buildings, the four-storey building remains unoccupied over structural defects.

    Lawyers and stakeholders in the justice sector have raised concerns over the state of the building, which apart from developing cracks on the walls, has parts of its ceiling falling off, paint peeling and some window frames turning rusty.

    Through the Law Society of Kenya( LSK) Mombasa chapter, the lawyers claim that substandard materials were used in the construction of the building and that there was no consideration made for the climatic conditions of Mombasa where salinity is high.

    According to sources privy to the scandalous project, senior judicial officers in Nairobi and Mombasa conspired and looted cash leaving the contractor with little hence the use of substandard materials in the construction. Now the judiciary risks losing millions in the building that has been avoided by lawyers and judges as it poses collapse dangers.

    Chief Justice Martha Koome this week admitted that the building is a major concern to the judiciary and that they have been unable to launch or open it officially as it has been found to have structural defects.

    “We thought we had solved the problem of infrastructure by building the ‘Justice Tower’, but unfortunately we were let down by the contractor,” said the CJ on Wednesday.

    The CJ said that a team from the Judicial Service Commission (JSC) audit committee assessed the building and filed a report and that issues were raised with the contractor who ran away from the site.

    LSK Mombasa chapter chairperson Mr Charles Opullu termed the building as a health hazard and a risk to anyone using it.

    Mr Opullu said the construction has been a project which is close to the hearts of all lawyers in Mombasa as they confronted a land grabber, and recovered the land for the construction of the court and the title deed issued to the Judiciary.

    “The structural integrity of the building must be tested before it can be declared fit for occupation, we wonder if there were any approvals and supervision by the Judiciary,” said Mr Opullu.

    Mr Opullu said that it was the lawyers who drew the attention of the state of the building to the Judiciary and wrote several demands to the Judicial Service Commission with evidence of cracks, leaking slabs and other defects.

    The building, which is expected to ease congestion at the current court building, has eight courtrooms, mediation rooms, chambers, spacious registries, and lactation rooms among other amenities.

    It is expected to host the High Court, Environment and Land Court and the Employment and Labour Relations Court which is the only court operating on the second floor.

    Additional reporting by Nation.

  • Complaint Lodged Against Judge Edgar Kagoni With JSC Over Misconduct

    Complaint Lodged Against Judge Edgar Kagoni With JSC Over Misconduct

    A complaint has been lodged with the Judicial Service Commission (JSC) by Eveready Security Guards Company Ltd against Judge Edgar Kagoni with regard to alleged land fraud by Esteem Energy.

    In the letter received by office of the ombudsman and JSC, Lucy Wachira, the proprietor of Eveready wants the commission to remove from office the judge for having issued an eviction order that was allegedly based on forged documents by Hassan Issak, the director of Esteem Energy.

    Below is the text of the complaint:

    On 22nd September 1997, througn the Company, we ourchased the lad known as LR No. 209/5924 (the Prenises) in South B, Nairobi and obtainea certificate of lease. A copy of that lease is annexed and marked as LW1. The company, which provides security service in the form of security personnel based its operations at the premises until 5th September 2022 when we were served with a court order by Esteem Energy Limited demanding that we vacate the premises. The Court Order is annexec: as LW2.

    The Court Order had been issued by Honourable Edgar Kagoni of the Milimani Commercial Court.

    Upon receipt. of the Court order and our eviction from the premises, we instructed the law firm of Kamau Kuria and Company Advocates to enter appearance on our behalf and file the relevant documents in response to the suit.

    Details of Judicial Misconduct, Bias and Outright Carelessness

    Honourable Edgar Kagoni violated his oath of office and made roughshod of established legal and judicial principles while handling the Notice of Motion and the pleadings of the Plaintiff Esteem Energy Limited, as follows:

    1. PLAINT FILED SUPPORTED BY A VERIFYING AFFIDAVIT THAT WAS NOT COMMISSIONED.

    The Plaint dated 13th July 2022 and filed by the firm of Ashioya, Mogire and Nkatha advocates was a nullity as it was supported by a verifying affidavit that was not commissioned by a commissioner of oaths. We annex this plaint and affidavit as LW3.

    It is a requirement of Order 4 rules (2), (3) and (4) of the Civil Procedure Rules that every Plaint be accompanied by a Verifying Affidavit verifying the averments in the Plaint in accordance to the rules provided therein. Rule 6 further provides that the court may of its own motion or on the application by the plaintiff or the defendant order to be struck out any plaint or counterclaim which does not comply with sub-rule (2) (3), (4) and (5) of this rule.

    Contrary to the above provisions, the Court proceeded to issue adverse orders on the 26th day of July 2016 against Eveready Security Guards Company Limited, based on documents that were clearly afoul of the rules.

    2. NOTICE OF MOTION FILED WITH A SUPPORTING AFFIDAVIT THAT WAS NOT COMMISSIONED

    The notice of motion filed by esteem energy dated 13th July 2022 was invalid for being supported by a supporting affidavit that had not been commissioned by a commissioner of oaths contrary to the mandatory provisions of Section 5 of the Oaths and Statutory Declarations Act (Cap 15.) Laws of Kenya.

    In the file perusal carried out on the 6ih of September, 2022, our Advocates on record discovered that the file also contained a notice of motion application upon which the orders were issued. In support of that notice of motion was a supporting affidavit of Hassan Ibrahim Issak dated 13th July 2023 which was signed by the deponent but it was not stamped by the Commissioner of Oaths.

    The affidavit cannot therefore be said to have been sworn and it amounts to a mere statement. The annexures contained in the affidavit have no force of law and cannot be relied upon.

    we annex this Notice of motion and Affidavit as LW4.

    3. AMENDMENT OF THE COURT’S RECORD WITHOUT LEAVE OF COURT

    As I have been able to demonstrate, the Plaint and affidavits in the Court file as at 6th September, 2022 were not stamped by a commissioner of oaths.

    Upon the entry of our Advocates, the firm of firm of Ashioya, Mogire and Nkatha Advocates found a way to amend the Court file and introduce stamped documents. These very documents were then served upon our Advocates.

    The Court in Jacob Thoya lha v Independent Electoral & Boundaries Commission & 2 others 20171 eKLR while clealing witn the case of replacement of court filings held that “Now, in my understanding, once parties file documents, the copy they tender to court to form part of the court record cease to be owned by them but by the court. They are hence not at liberty to deal with such papers as they deem fit without recourse to court.

    Therefore, even in ordinary litigation the law provides how to deal with a deficiency in a pleading. It is by an amendment either with the leave of the count or without the leave before pleadings close.”

    Through an act of connivance, corruption or outright thuggery, the pleadings which were void for failing to adhere to the Oaths and Statutory Declarations Act were avietly withdrawn from the file and replaced with stamped copies.

    There is no application on the system or in the file seeking such prayers and no indication that the same was granted.

    The Judiciary has now moved away from the physical filing of documents, and an audit of the system will reveal what happened.

    Conclusion

    As the JSC chair, you are clothed with constitutional authority to investigate this matter and get to the bottom of it. The days of judicial officers conniving with parties before them to alter the course of their matters in their favor were dealt a death blow by the Constitution of Kenya, 2010.

    Indeed, judicial authority is derived from the people, and the Courts exercise it as custodians on behalf of the people. Judicial officers like Honourable Edgar Kagoni are under a duty to be guided by the principles in Article 159(2) of the Constitution.

    The failure of Hon. Edgar Kagoni to show fidelity to the law has had adverse far-reaching effects on us. We have been evicted from a property we acquired through hard work and sweat. We are unable to run our operations.

    We lost many vital documents in the eviction, suffered huge losses, and have unjustifiably been denied possession of our land and offices.

    Today, I hope that even though I am a small person in this Country, the wheels of justice will turn in my favor, and the JSC shall carry out its constitutional duty to determine the culpability of Hon. Edgar Kagoni.