Why 71-year-old former magistrate chose to go back to private practice

**Lawyer Francis Makori Omenta at his office within Nakuru County on December 10, 2021. After retirement, the former Principal Magistrate chose to go back to private practice.** [Daniel Chege, Standard]

Francis Makori Omenta is not ready to give up on his pen, paper and computer.

The seventy-one-year-old former Principal Magistrate cannot picture himself in a village with a jembe or a panga.

"I want to read the digital news, attend court proceedings and keep up with what is trending in the country. I don't want to go back to my village," Omenta said.

Omenta told The Standard that he was so attached to the pen and feared he would end up a lonely old man if he relocates to the village.

"I am used to interacting with people, handling cases, writing affidavits, and I feel at home with my work," he said.

He said he is a social man, interactive, curious, hardworking and ready for challenges, adding that he was used to working in offices and was not ready to leave.

Born in West Mugirango in Nyamira County, Omenta dreamt of becoming a lawyer.

After finishing Form Six, he went to Teachers College in Mosoriot and started his career 50 years ago as a primary school teacher.

"I got a job with Teachers Service Commission in the 1970s and taught at Pumwani Primary School in Nairobi.

However, he was unsettled and left teaching in 1981 after he got an opportunity to go to India and pursue a Degree in Economics at Panjab University.

In 1984 when he finished the Economics course, he realized he could study law.

"Being a lawyer was my passion. I studied it at Nagpur University for three years. I then came back to Kenya and joined Kenya School of Law and did a Diploma for a year," he said.

After graduation, Omenta said he worked with several law firms for two years before joining the Judiciary in April 1989.

Omenta started as a District Magistrate II in Mombasa, Kilifi and Kaloleni. He was in Mombasa for one year and was in charge of Kaloleni, Kilifi and Lamu.

"I was promoted to a Resident Magistrate and served in Mombasa for three years. However, when clashes started in Kenya in 1992, I was transferred to Molo Law Courts in Nakuru," he said.

Omenta was then promoted to the Senior Resident Magistrate after two years. He served until 1999 and moved to Siaya as the magistrate in charge. After a year, he became a principal magistrate.

He said he moved from Siaya to Embu, anticipating retirement, but his hard work led to the extension of the contract to July 2008.

"I was supposed to retire in 2005, but I was granted a three years’ contract extension," he said.

After July 2008, Omenta decided to move back to Nakuru, a place he fell in love with while serving in Molo.

The thought of returning to his ancestral home didn't cross his mind. He acquired properties in Molo and settled in Nakuru.

He also opened a small office and continued to serve as a lawyer.

He noted that, unlike magistrates who rely on provided shreds of evidence, lawyers have a lot of work because they research, write and file documents.

Omenta faced challenges as a magistrate because he could not hang out with friends or socialize.

"Magistrates are forced to live private lives and do not associate with the public. If seen receiving money from friends or family, it will be associated with bribes," he said.

But now, he can associate, hang out and share a drink with his colleagues, friends and family.

His best memory as a magistrate was when he gave a landmark ruling that caused an uproar among the Siaya residents.

Omenta ruled against parents who misused their salaries in buying retail products. He said someone had filed the case, saying the parents had neglected their children and bought luxurious products like Television sets, watches, among other things.

"The residents had the habit of borrowing money for hire purchase. They wasted almost their entire salaries on luxurious things and forgot their children’s needs, including education," he said.

He made an order to suspend the same. At first, he said the ruling caused an uproar, but the residents later understood the reasons.

Omenta is keen on time management for lawyers and a magistrate. He condemned those who do not keep time.

"During my time as a magistrate, it was frustrating because there were no chambers, and I had to wait in courtrooms for hours," he said.

He said it led to delayed justice, long detention of suspects in remands and wasted properties as land and succession cases dragged in court.

Omenta believes in justice before mercy. "I have locked people in prisons who later looked for me to thank me."

He cautioned magistrates to tread carefully when stamping authorities and be patient with litigants.

At a glance:

-Omenta is 71-years old.

-He started his career as a teacher in the 1970s.

-He has served in media houses as an advertising staff

-He became a lawyer in 1987 and a magistrate in 1989.

-He worked until 2008, from a District magistrate to principal magistrate.