A petition has been lodged with the Judicial Service Commission (JSC) seeking the removal of Migori Magistrate Mathias Okuche over alleged professional misconduct and partiality in handling a property dispute case. The petition, filed by William Othiambo Ngita, accuses Magistrate Okuche of violating the rule of law and engaging in actions that undermined the fairness of the judicial process.
The case in question revolves around a property dispute that Ngita brought before the court, involving accusations of trespass and dispossession of the Estate of Ngita Swaya. Ngita sued Ansentus Otieno Njagwa and fifteen others for unlawfully collecting rent from the estate, despite not being beneficiaries. Ngita claims that the accused parties neither appeared in court nor defended the suit, yet the judgment still ruled in their favor.
A key element of the petition is the delivery of an eight-page handwritten ruling on November 14, 2024, which was issued on a date different from the one set by the court. According to Ngita, the judgment was delivered more than a week before the scheduled date of November 26, 2024. The petitioner contends that this alteration of the judgment date was not only unexplained but also prejudiced his case by violating procedural fairness.
Ngita’s lawyer, Njenga Kiarie of KAN Advocates LLP, argues that Magistrate Okuche’s actions demonstrate gross misconduct and incompetence in the performance of his judicial duties. The petition calls for the removal of the magistrate on grounds of serious violations of the Constitution, specifically contravening Chapter Six on Leadership and Integrity.
The petition further alleges that the ruling, which was delivered without a defense from the opposing parties, amounted to a clear case of partiality. “It cannot be gainsaid that the defendants, who never participated in the trial, emerged triumphant,” the petition reads, stressing the perceived bias in the ruling. Ngita also seeks to extract a certificate of costs from the judgment that was later expunged.
The matter has also been brought to the attention of the Commission on Administrative Justice – Office of the Ombudsman, highlighting the significance of ensuring accountability in the judicial process. As the JSC reviews the petition, the case raises broader concerns about the integrity of judicial proceedings and the importance of transparency in court rulings.
