Transfers, sackings hit Mombasa court hard

By Willis Oketch

Mombasa, Kenya: High Court services in Mombasa are steadily grinding to a halt because of a range of factors including transfer and sacking of judges.

Beginning late last month, most civil and criminal matters involving judges have been adjourned and the delays will further be felt as petitions get underway at Mombasa courts.

The Judiciary has deployed several temporary judges to handle the petitions but this has not eased the case backlog because no new judges have been appointed to take over pending civil and criminal cases at the court.

There are only two judges at Mombasa High Court — Justices Maureen Odero and Martin Muya — following the recent sacking of Justice Grace Nzioka and transfer of Justices Francis Tuiyot (to Busia) and Edward Mureithi (to Kisii), without replacement.

LSK, Mombasa branch, is raising fears the court cases will be delayed due to the shortage of judges.

“We cannot afford to have only two judges in a station like Mombasa where there are many cases pending,” Eric Nyongesa, the branch LSK chairman said and asked the Judicial Service Commission to move fast and recruit new judges to replace those who have been removed after vetting and those transferred.

At the same time, Justice Mary Kasango, who is based in Mombasa, went abroad for further studies late last year while Justice Richard Mwongo has left Mombasa for Nairobi after being elected as the president of the High Court, late last year.

Fresh cases

Justice John Mwera, who was resident judge in Mombasa till early this year, has been promoted to the Court of Appeal without replacement.

Meanwhile the only judge in Malindi is Justice Christine Meoli, who is also expected to handle civil and criminal matters in Kilifi, Tana River and Lamu counties and also assist with election petitions in these areas.

Nyongesa said if justices Odero and Muya were gazetted to handle election petitions, proceedings at the Mombasa Law Courts will grind to a halt because “they will give more attention to the petitions which are supposed to be completed within six months.”

In a recent interview with The Standard Justice Maureen Odero said the shortage of judges has forced her and Justice Muya to adjourn most cases, which had been fixed for hearing because the files could not be reached by the judges.

The two judges handle fresh cases, which include civil and criminal matters like murder and criminal appeals.