Sep 21, 2021

Mawazo Writing Africa

Writing about the main

High Court judge faces petition over misconduct in land suit

In a cocktail of bribery, conflict of interest and abuse of office, the petition includes multiple audio and video recordings of the judge, a person believed to be a close relative, and several people involved in the case discussing how to escape. the appeal filed by the widow.

The Sunday Nation cannot appoint the judge at this time for legal reasons. He didn’t answer our phone calls and text messages yesterday. According to the affidavits attached to the petition, the video and audio recordings were made between July 1st and July 10th Is able to continue to be in office. I pray that the Judicial Service Commission will consider this petition and forward it to His Excellency the President in accordance with the provisions of Article 168 (4) of the Constitution, ”the widow pleads in the petition.

The reports were reportedly in the House of the judge on Waiyaki Way secretly filmed video clips of people posing as land agents. The judge is among those recently interviewed for the positions of Chief Justice and Justice of the Supreme Court. He already had other allegations against him.

Discussing bribes

With his back to a television set, the judge discusses bribes in one of the clips submitted to the JSC. A plate of boiled corn is served and the participants each pick a cob.

Another video clip apparently shows the judge and the man who is alleged to be his close relative speak of it as the mediator at the Bribing other judges to act. In some clips, they drop the names of some of the judges who allegedly provided money to influence their decisions.

The petition was filed with the JSC on September 3rd, along with the video and audio clips that accompanied the petition as evidence of the judge’s misconduct.

It is not clear whether the petition was served on the judge.

“We usually only serve it after we have it submitted the Commission. But what I know at the moment did not happen, “said the Chief Justice of Justice Anne Amadi of the Sunday Nation.

The widow and a second petitioner accuse the judge of leading the succession dispute, if he personally had an interest in the Kwale County property at the center of the dispute, the land was on behalf of a company owned by both the widow and the late husband, but the husband transferred his shares to the widow before this in 2014 passed away.

Almost a year after his death, another woman applied for an administrative letter on the deceased’s property and was duly issued in 2015. When the administrative letter was issued, the court also transferred the property, which was on behalf of the company The widow stood, which led to her appealing the decision.

The appeal was handled by this particular judge, who has now been charged with gross misconduct and incompetence. The judge dismissed the widow’s complaint.

“In doing so, the learned judge disregarded the blatant evidence of ownership of the property and overlooked a basic concept of the law on independent legal personality, which is based on the distribution of property to the Defendants when the deceased did not own the property in suit, “the petition says.

And the allegations get more interesting from here as the widow claims that the probate proceeded before the judge, the property however, the dispute was transferred and registered on behalf of the judge’s brother.

In one of the audio recordings of an alleged telephone conversation with the judge’s brother, he (the brother) says that the property is in. His name is registered and he is a deputy of the judge. It would mean that the judge presides over a matter in which he has an immediate interest. The brother also allegedly says that the judge intended to buy the property for Shr 305 million. for sale.

“The judge had planned to own the property and only heard us as a procedural step,” says the petition.

Ownership now

< In the video clips for the petition, the judge should also confirm that he now owns the property. In the clips before JSC, he goes on to advise the people he met on how to end an appeal the widow filed in the appeals court by convincing the widow to enter consent to withdraw and 65 million SH to pay. There is an urgency in his voice as he instructs the people he is with to get approval on a Monday "so we can finish this thing by Thursday." It's not clear what data he was referring to.

“I think it’s as good as done for me,” the judge can be heard saying. The judge can be heard in the video clip saying that he will “control” the appeal that will lead nowhere. The appeal was filed in 2018 and the hearing closed.

The court was due to deliver its verdict on February 27, 2020, but has not done so more than a year later. “The judge used and used (name withheld) as his agent and / or deputy in his corrupt dealings,” assert the widows.

In one of the clips, the judge and close relative brag about like them a lot Took money to bribe other judges. In one case, the close relative said the judge allegedly accepted him $ 40,000 (approx.