Lawyers strike and call for dismissal of judges

By Robert Nyasato

It has been a long wait for justice in Southern Nyanza, where advocates allege slow hearing and ruling of cases, some which have been pending since the 1970s.

This is the reason lawyers in Kisii downed their tools recently to press for the removal of two local judges, Justice Ruth Sitati and Rosline Korir on grounds that they delayed in delivering judgments.

And to demonstrate their frustration before the two judges, the lawyers cited the case of Osoro Omorachi. Though he is diabetic, he had to spend a month behind bars because a judge failed to timely deliver ruling on an application to release him on medical grounds.

Omorachi was committed to a one-month civil jail over a Sh200,000 debt he owed Fanny Moraa Chweya after the High Court in Kisii found him guilty of the offence.

Endless trips

But his lawyer, Mr Lazarus Mose, made an application before Justice Korir on February to have him released from the Kisii GK Prison because he was diabetic.

Despite certifying the application urgent, Korir is yet to make ruling and issue any orders on the application months after Omorachi served the entire term in jail against medical advice. 

“Even if the orders we asked for are issued now, they would be of no use because my client has suffered in prison to the full term despite his medical condition,” lamented Mose.

This case captures the agony lawyers and litigants at the Kisii high court are undergoing, the subject of a strike by advocates against Judges Justice Ruth Sitati and her colleague Korir that entered its third week.

And Omorachi is not alone in this. Members of Olamil Group Ranch in Trans Mara, Narok County have been traversing the corridors of Justice for over 40 years since 1971, contesting selling part of their land without their consent or knowledge.

The case was transferred from Narok High Court to Kisii in 2010, but to date they are yet to get any ruling over the matter. 

Speaking at the Kisii Law Courts, Ranch Vice Chairman Joseph ole Nanyuki said they had been making endless trips to Kisii to attend to the matter but postponing of hearing has been the order of the day.

“We are wasting a lot of time and money on roads without any progress in having the matter concluded,” he laments, adding some members have since died without knowing the fate of their land in question.

According the Law Society of Kenya (LSK), Kisii Chapter which called the boycott this year, the two judges have been incompetent in dealing with matters before them.

The more than 100 lawyers representing litigants from Kisii, Homa Bay, Migori, Narok and Nyamira counties want the Chief Justice to remove the two judges before they resume business at the usually busy court.

Data availed to The County Weekly by chapter Chairman Aungo Momanyi and his secretary Gedion Nyambati, revealed there are more than 3,000 cases pending trial and 400 ruling and judgements to be delivered by the embattled judges.

“Since they were posted here, the two judges are yet to deliver any judgements or rulings and our clients are on our necks accusing us of doing nothing to ensure they get justice in time,” pointed out Nyambati.

Even pleas by LSK chairman Eric Mutua to have the advocates resume work as the matter was being addressed landed on deaf ears as they vowed they would not back down.

Justice Sitati was moved to Kisii about two years ago to replace Justice Musinga who was transferred to Nairobi while judge Korir replaced Justice Asike Makhandia.

“A judgement delivered whether in favour or against your client is better than a pending one which brings torture and agony to both parties,” observed advocate Philemon Ochwangi, who said more than 60 rulings were pending at the court and his clients were on his neck.

Reached on phone, the Deputy Registrar of the Judiciary Kakai Kissinger said issues raised by the advocates including delayed judgements and absenteeism were being looked into by the CJ.  “The LSK met the CJ on July 18 over the strike and agreed that all pending matters before Justice Korir will be concluded by September 14,” Kissinger said.

Hunger strike

He said absenteeism by judicial officers was a disciplinary matter within the jurisdiction of the Judicial Service Commission and Chief Magistrate Ann Ong’ijo had been directed to do a report on the same.  “Their concerns are being addressed and we urge them to give us time to deal with the problems,” the registrar said.

He would not, however, comment on the competence of the judges. The lawyers returned murder files where they represent suspects on behalf of the Director of Public Prosecutions, saying the DPP had not supported their protest.  The impasse between the advocates and judges got impetus when more than 300 murder suspects at the Kisii GK Prison went on hunger strike for three days to protest against delayed hearing of their cases.

The inmates however resumed taking meals after they were addressed by Ongijo, who pledged to sort out their problems with her seniors. A visit by the CJ to the troubled court where he held meetings with the advocates, magistrates and paralegals separately failed to resolve the matter. The advocates were advised to follow the laid down procedures to deal with the matter and in accordance with the Constitution.