Lobby writes to JSC over conduct of Judge in land case

by bulk press Media

A lobby group has written a public complaint letter to the Judicial Service Commission (JSC) over the conduct of Judge Judith Omange in a land row case.

In a letter dated April 3, the group, Nairobi Social Justice, through its Chair, Antony Moses, claims Justice Omange of Environment and Labor Relations Court’s conduct in ELC 312 of the 2009 land grabbing case is not right.

They say they have observed anomalies in how she is conducting that case.

“The judge allowed Mr. Davis Chelagoi as an interested party in ELC 312 OF 2009, despite the case already being determined with a judgment in favor of Mr. Ashok Shah and Hiten Kumar by Judge Komingoi on July 28, 2023,”  the letter reads in part.

Judge Komingoi had ruled against enjoining Chelangoi as an interested party due to his application being time-barred and the case being filed in 2009, and he had numerous opportunities to apply for a rejoinder earlier.

The group says the actions of Omange raise concern for a potential miscarriage of justice. They want JSC to conduct thorough investigations into Omange’s conduct, and upon conclusion of investigation appropriate disciplinary measures should be taken and that decision reviewed.

It adds that there is suspicions of corruption and external influences that may have influenced Omange’s decision which is against the provisions of the JSC Act.

There is a ruling on the same matter on April 11, 2024, and if the judge delivers it, it might not be fair.

“Addressing this issue is crucial to ensuring that justice is served fairly and impartially and by constitution standards and legal procedures”, Moses says in the letter.

Chelogoi has since denied the charges of defrauding Ashok land valued at Sh1.3 billion. It took a warrant of arrest to arraign Chelogoi, who had previously missed several sessions because he was hospitalized.

Chelogoi, who is charged alongside a former senior Lands officer Andrew Kirungu, denied eight counts of forgery of a title deed of a parcel of land measuring 7.39 hectares, the property of Ashok Rupshi Shah and Hitenkumar Amritlal Raja.

They are both out on cash bail.

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