Hague based lawyer accuses Kenyan judge of bias
The Hague based lawyer Thomas Bifwoli is accusing Justice Kibunja of being biased.
Bifwoli says Kibunja has not been fair in awarding Eldoret based lawyer and businessman William Ndinya Omollo costs for filing forged and false documents in court.
In an application filed in the Court of Appeal seeking to stay execution of Justice Kibunja’s judgment, Mr Bifwoli states that Justice Kibunja awarded William Ndinya Omollo costs for filing papers which are patently false and forgeries on their face and without first determining their authenticity.
“For instance, the Transfer of lease that was allegedly used to transfer the disputed property to William Ndinya Omollo is not signed by the Land Registrar,” he said.
Bifwoli has also raised the complaint to JSC and the matter is pending there.
He said that Mr Omollo did not obtain a statutory and mandatory consent raising further questions as to how he obtained his lease without such crucial and critical documents.
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Mr Bifwoli further argues that Onesmas Odari, who allegedly transferred the disputed land to Mr Omollo did not have a valid certificate of the lease to transfer to Mr Omollo.
“For instance, the Transfer that is alleged to have been used to transfer the said lease to Odari is not signed by both the buyer and seller, is not stamped and is not supported by the white card and Green card amongst others,” he said
He added that Odari did not pay the statutory and mandatory land rates and rent prior to obtaining his alleged certificate of lease raising further questions as to the authenticity of Mr Omollo’s lease.
“In spite of knowing that the said documents are forgeries, Justice Kibunja proceeded to award Mr Omollo costs for filing the said forged documents without first determining their obvious lack of authenticity,” he added.
Mr Bifwoli submits that the authenticity of the aforesaid documents namely that they are patent forgeries and aimed at dispossessing him of his property is at the heart of the main suit (Kisumu ELC 144 of 2012).
He added that penaliSing him with costs in intermediate or interlocutory litigation rather than reserving costs to follow the main suit is punitive and a clear reflection of bias in favour of Mr Omollo by Justice Kibunja.
Mr Bifwoli also argues that the Judgement awarding costs to Mr Omollo was obtained by Mr Omollo practicing fraud upon the court by making false misrepresentations and withholding crucial documents that go to determination of the truth.
In his replying affidavit, Mr Omollo lied to the court that his transfer of lease is signed when it’s not, that Mr Odari paid stamp duty when he did not and that the Transfer of lease that was used to transfer disputed land to Mr Odari was signed by the buyer and seller when it’s not.
In his papers before the court, Mr Bifwoli argues that pursuant to section 47 of the Evidence Act, a judgment obtained by practicing fraud upon the court is illegal, null and void and incapable of being executed and therefore execution proceedings should have stayed pending the hearing and determination of his application and appeal.
Mr Bifwoli also argues that he is being punished to pay illegal costs by the Judge for protesting and complaining to the Judicial Service Commission that Justice Kibunja is biased in favour of Mr Omollo through his petition dated 25 September 2018.
The Application is coming up before the Court of Appeal in Kisumu on Monday, June 17, 2018.
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