Petition filed at JSC on removal of Magistrate Mathias Okuche over misconduct » Capital News

NAIROBI, Kenya Feb 17 – The Judicial Service Commission (JSC) has received a petition seeking the removal of Migori Magistrate Mathias Okuche over allegations of professional misconduct, bias, and disregard for the rule of law.

In his petition William Othiambo Ngita, raised concerns about the magistrate’s handling of a property dispute case, which was dismissed with costs under questionable circumstances.

 Ngita who also submitted the petition to the Commission on Administrative Justice – Office of the Ombudsman argued that the ruling was issued on a different date than the originally scheduled and involved a case that had neither been defended nor listed for a hearing.

According to the petitioner, the accused parties never appeared in court or presented a defense, yet the judgment was ruled in their favor.

“It cannot be again said that the defendants, who never participated in the trial, emerged triumphant. We are now keen on extracting a certificate of costs as awarded in the expunged judgment. This is the height of partiality by Honourable Mathias Okuche,” the petition read in part.

Through his lawyer Njenga Kiarie of KAN Advocates LLP, Ngita claimed that the magistrate delivered an eight-page handwritten ruling on November 14, 2024, despite the official judgment date being set for November 26 last year.

He claimed that the unexplained alteration of the judgment date prejudiced his case and violated his rights to a fair hearing. 

 According to him, Magistrate Okuche violated the Constitution, including contravention of Chapter Six on Leadership and Integrity, gross misconduct, and incompetence in the performance of judicial duties. 

 Ngita had sued Ansentus Otieno Njagwa and fifteen others for trespass and dispossession of Ngita Swaya Estate, accusing them of unlawfully collecting rent despite not being beneficiaries of the estate.