REPUBLIC OF KENYA JUDICIAL SERVICE COMMISSION

REINSURANCE PLAZA,
Telephone: Nairobi PODIUM FLOOR, TAIFA RD
2731980 P. O. BOX 40048-00100
NAIROBI
Email:
jscsecretariat@jsc.go.ke
May 9, 2019

JUDICIAL SERVICE COMMISSION

PRESS STATEMENT ON
PETITIONS AGAINST JUDGES OF SUPERIOR COURTS AND
COMPLAINTS AGAINST MAGISTRATES

NAIROBI, May 9, 2019

The mandate of the Judicial Service Commission (JSC) is to promote

and facilitate the independence and accountability of the Judiciary
and the efficient, effective and transparent administration of justice.

In this regard, on 2nd and 8th May, 2019, the Commission

deliberated on the petitions lodged against Judges and complaints
against magistrates and made the following decisions:

1. STATUS OF COMPLAINTS AGAINST MAGISTRATES

In respect of complaints against magistrates, 5 Magistrates have

been served with charges on various acts of misconduct ranging
from disappearance of files, irregular release of exhibits, forging of
documents, temperament, bribery, signing release order without
surety and other forms of corruption.

The Magistrates concerned have been served and given 14 days

within which to respond to the charges.
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 2. STATUS OF PETITIONS AGAINST THE CHIEF JUSTICE
AND SUPREME COURT JUDGES
i) With regard to the petition by Mr. Yussuf Ibrahim Dimbil
against the Chief Justice, the Commission confirms that the
Hon Chief Justice has filed a response to the same.

ii) With regard to the two petitions pending against 4 Supreme

Court Judges arising from the Wajir Gubernatorial petition,
the Commission confirms that the four judges have also filed
their responses.

Two of the Judges have sought further particulars from the

petitioners. The requests have been forwarded to the
petitioners for their appropriate action.

The Commission shall fix dates for the oral hearing of these
petitions after the finalization of the forthcoming exercise of
recruitment of Judges.

3. STATUS OF PETITIONS SUBMITTED FOR HEARING

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 i) With regard to other petitions against Superior Court
Judges, the following petitions were marked as
withdrawn at the instance of the petitioners:

a) The petition by Mr. Apollo Mboya against the Hon Justice J.B.
Ojwang and the Hon Lady Justice Njoki Ndungu on allegations
of misconduct of those judges arising from their
pronouncements in the Nick Salat case.

b) The petition against Justice David Majanja on allegations

arising from the manner in which he handled Nairobi ELC Case
No 1018/2012, Lennah Wanjiku Mbiyu & Another = Vs =
Eddah Wanjiru Mbiyu and 3 Others

ii) Petitions against 5 Justices were heard and dismissed for

lack of merit

iii) One petition against Hon Justice Farah Amin is part-

heard before a JSC Committee.

iv) One petition against Hon Justice Richard Mwongo was

recently concluded and is pending determination.

v) After hearing the following 3 petitions, the Commission was

satisfied that they disclosed grounds for removal under
Article 168 (1) of the Constitution and made a decision
to Petition H.E. the President for the appointment of
Tribunals under Article 168 (5) of the Constitution.

a) Hon. Justice D.K. Njagi Marete

The Petition against the Hon. Justice D.K. Njagi Marete was filed
by Kenya Tea Growers Association (KTGA), Unilever, Siret and 5
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Others who were the respondents in Kericho Employment & Labour
Relations Court Misc. Application No. 6 of 2017 and Misc.
Application No. 7 of 2017.

In those cases, the Hon Judge, while well aware of the existence of
an order in another file on the same subject matter, went ahead and
issued orders which had the effect of setting aside the orders of a
fellow Judge of coordinate jurisdiction.

After hearing the matter, the Commission found that the petition
had disclosed gross misconduct, bias, impartiality and breach of the
Constitution and Judicial Code of Conduct against the Judge.

b) Hon. Mr. Justice Martin Mati Muya

The petition against the Hon. Mr. Justice Martin Mati Muya was
filed by NIC Bank which was the defendant in Bomet HCCC No. 4
of 2016 Alfred Kipkorir Mutai & Kipsigis Stores Ltd -Vs- NIC Bank
Limited.

In that case, the Hon Judge, after numerous adjournments, granted

an injunction and reserved the reasons thereof for a period of 5
months.

This was in total disregard of the pleas by the NIC Bank that the
motor vehicles that had been given to it as security were being sold
and were eventually sold thus occassioning loss to the bank.

After hearing, the Commission found that the petition had disclosed
bias, abuse of office, incompetency and gross misconduct in the
manner in which the Hon Judge handled the matter.
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 c) Hon. Lady Justice Lucy Waithaka
The Petition against Hon. Lady Justice Lucy Waithaka was by
Philip Kipyegon Lelei in Kericho H.C.C.C No. 64/2008, Jonathan
Kimutai Mibei=Vs= Philip Kipyegon Lelei.

The Commission found that the petition had disclosed impropriety

by the Hon Judge for issuing two conflicting judgements over the
same matter.

vi) 10 other petitions against Superior Court Judges are

fixed for hearing between 10th and 15th June 2019 before
two committees of the JSC.

The Judicial Service Commission shall continue to keep the

country updated on all matters to do with discipline of judges,
judicial officers and staff on a regular basis.

ISSUED BY JUDICIAL SERVICE COMMISSION