Judges accused of undermining cases

Former Law Society of Kenya president Nelson Havi has filed complaints against two judges, citing gross misconduct, misbehaviour and incompetence, according to a report in the Kenyans. In two separate letters addressed to the Judicial Service Commission (JSC), Havi accused Justice Josephine Wayua Wambua Mongare and Justice Nixon Sifuna of undermining two separate cases they were handling. Havi accused Mongare of undermining the rule of law and defeating the ends of justice in the conduct of a case between Gikomba Business Centre Limited and Pumwani Riyadha Mosque Committee. The period of handling the case was listed as between 9 April and 23 June. In his complaint, Havi claimed that the mistake committed by the judge had been very injurious to his clients and him and that it could only be remedied through her removal from office. As for Sifuna, Havi accused him of mishandling a case between an insurance company and the Consumer Federation of Kenya between 4 June and 16 July. He asked that JSC write to President William Ruto seeking the formation of a tribunal to remove the judge from office. The senior counsel has been on a quest to rid the judiciary of allegedly underperforming judges, calling out slow judicial processes and even the Supreme Court for apparent systemic corruption. By January 2025, the JSC confirmed that it had received 935 petitions against judges between 2011 and 2024. Out of the 935 petitions/complaints received, 862 have been finalised and 12 petitions were forwarded to the President recommending the formation of a tribunal for removal,’ the JSC announced.

Meanwhile, the Federation of Women Lawyers in Kenya (Fida-Kenya) has decried the apparent mishandling of the investigations into the death of Toto Touch CEO Susan Kamengere Njoki, who was reportedly forcefully injected with an unknown substance and committed to a private hospital without consent. In a statement released on Wednesday, the federation demanded that several state organisations thoroughly investigate the matter after pathologists revealed that Njoki had died due to manual strangulation. Njoki, who admitted to having been previously admitted for depression, had raised the alarm before she died, according to a report in the Kenyans. A day after being committed to the private hospital, Njoki had documented the ordeal both in audio clips and on Facebook, detailing how strangers had stormed her Kileleshwa home and forced treatment on her despite the law clearly stating that an adult must give consent before receiving treatment. She seemingly pointed a finger at her husband. Among the institutions Fida-Kenya cited were the Directorate of Criminal Investigation, the DPP and the Kenya Medical Practitioners and Dentists Council. ‘The Office of the DPP must also ensure that all individuals and institutions involved, including any medical professionals who may have violated their duty of care, are successfully prosecuted.’ They further demanded that KMPDC step in and conduct a comprehensive investigation into the liability on the part of the private health facility where Njoki died.