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Monday, December 23, 2024

JSC to take appropriate disciplinary measures

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Protesting lawyers from Meru county had stormed the Tigania law court’s gate, which had been cordoned off and locked by anti-riot police, waving placards and blowing whistles.

The county’s lawyers halted court proceedings in Tigania, calling for the principal magistrate in charge of the station to be transferred due to allegations of unfairness, corruption, and excessive power.

According to a statement from the department of public affairs and communication, the Office of the Judiciary Ombudsman (OJO) noted that it exists to receive and process public complaints.

“This should be the first point of contact for stakeholders and the general public. In this case, OJO has been tasked with establishing the truth,” the statement read.

The judiciary also expressed appreciation for stakeholders’ vigilance and demand for better service, but dismissed calls from lawyers for magistrates to be transferred as a disciplinary measure.

“Once again, we appreciate the civic vigilance and assure all stakeholders that the matter at Tigania Law Courts is being looked into, with a view to delivering justice to both the LSK and the Judicial Officer.

“While some advocates are asking for transfer of magistrates, transfer is not a disciplinary measure. Should any Judicial Officer be found culpable, they are not transferred to another court because no court deserves bad services. 

“Instead, appropriate disciplinary measures are taken by the Judicial Service Commission.

“While not taking sides, it is noted that one of the triggers of the altercation was that an Advocate came to court late and the Magistrate was firm and had moved on to the next case whose parties were ready to proceed.

“We request Kenyans and stakeholders to support the Judiciary’s efforts towards just but also expeditious delivery of justice, which is what every litigant wants. Kindly be in court on time and ready to proceed when your case is called out” said the statement.

According to Joel Mutuma, Secretary-General of the Meru Bar Association, the county’s lawyers and residents are exhausted. He demanded the replacement of a magistrate known as Sogomo, who is based in Tigania law courts.

“We demand his immediate removal because we have been oppressed for a long time, with lawyers being told to ignore cases so that rulings can be issued. We attempted to request change but were unsuccessful, so we are traveling to Tigania to ensure that our voices are heard.

“Court proceedings will be postponed today until our lawyers’ demands are heard.” We’ll stay put until he’s replaced.

“We implore those who can hear us to listen to the oppressed residents of Tigania, as well as those who have suffered for a long time, to come out and join us.

“Our complaints are the subject of the petition we created. We have filed written complaints with the Meru court in Tigania about what the lawyers believe has been oppression.

“We sent a letter to the Judicial Service Commission, which will review the petition and make recommendations on how it can assist us.

“We implore the commission to pay attention to our demands and what we have been through. Sogomo has been the magistrate at the court for six years, rather than the required three.

“We were told that he had been transferred and returned previously. We want the changes to be implemented as soon as possible “he said.

Another lawyer, Hillary Sande, said that there is no case that can be heard in court because of how Sogomo has set up the court with his selfish agenda.

“When you need a ruling, you must go to Sogomo’s chambers and bribe him in order for him to rule in your favor. Also, when it happens that lawyers have their court cases ruled in their favor, Sogomo returns the appeal. He rules the case as he sees fit after being bribed.

“Because he has overstayed at the court, Sogomo has high connections in the judiciary, and we demand that he return home immediately.

“We’re going to court to make sure he’s sent home for good. We, the Ameru people, oppose Sogomo and are tired of him,” he said.

According to the head of the Law Society of Kenya Mt. Kenya branch, she received the memorandum that was forwarded to the JSC, which is in charge of all judicial officers in Kenya.

She told BaiteTv that the JSC was expected to transfer the magistrate and replace him with a non-corrupt magistrate.

“We will be unable to practice law in Tigania until the memorandum is implemented and Sogomo is replaced. I spoke with the representative in charge of the lawyers at the JSC who requested that the memorandum be forwarded so that it could be acted upon.

“We request that the JSC take this matter seriously and resolve it as soon as possible because no lawyer will enter the court presided over by Sogomo until he is replaced. We will wait even if it takes a year “she stated.

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