Two Magistrates are on the spot for allegedly misrepresenting rulings in a case where a city businesswoman is charged with theft of Sh 2.5 million from her ex-boyfriend.
Defence counsel Ochieng Oduor accused the Milimani-based Magistrates of prejudice and issuing decisions that are not on record, asking Milimani Chief Magistrate Lucas Onyina to reassign the case against Pheny Okwaro Owino to a different Court.
“I would like to draw this court’s attention to the fact that Senior Principal Magistrate Martha Nanzushi has been reading rulings in open court that are not in her certified court records,” Ochieng informed Onyina.
He also accused another magistrate, Esther Kimilu, of pressuring the accused to reimburse cash acquired from her ex-boyfriend, Alfred Omondi Achar.
In response to the two magistrates’ actions, Ochieng Oduor claimed he has filed a complaint with the Judicial Service Commission, requesting that they be investigated and removed from the Judiciary for fabrication of court records and bias.
“Your honor, we have lodged a complaint with the JSC and sought the removal of the two magistrates for judicial misconduct, tampering with the court record, falsification of records, bias, prejudice, and lack of decisional independence,” Oduor told Onyina.
The two magistrates were accused of prejudice and siding with the prosecution and the plaintiff Alfred Omondi Achar, who is based in the United States of America, in a letter received by the JSC on June 9, 2023, from Triple OK Law Advocates.
In her part, Nanzushi is accused that on June 6, 2023, she delivered a ruling where she stated that the theft case against Okwaro was to start afresh while in her court file record, she indicated that the matter will proceed from where it had reached.
Okwaro had sought to have the case start afresh and Achar recalled to testify again in the case but Nanzushi declined according to her court record.
Okwaro’s lawyer Ochieng also protested the conduct of Nanzushi in calling a partner in his Law firm Muthoni Matu through her personal cell phone to inform her of the mention of the case.
“My associate Muthoni received a call from Nanzushi informing her to attend court on June 9, 2023, Muthoni informed her that she was unavailable for the mention as requested. Nanzushi reschedules the mention for Monday, June 12, 2023. When Muthoni inquired about the purpose of the mention, Nanzushi informed her that the mention was regarding her ruling of June 6, 2023,” Ochieng state.
“We believe that Nanzushi mischievously sought to correct or temper with the court record after having delivered a different ruling from that which she read in open court. Nanzushi’s conduct is not singular but has been influenced by her fellow magistrate Hon. Esther Kimilu who has since recused herself from the matter on serious grounds, ” Ochieng added.
Kimilu disqualified herself from the case on grounds that the Okwaro felt she was biased after she openly told her to repay the sh 2.5 million she allegedly received from her ex-boyfriend.
“During proceedings of May 4, 2021, the Magistrate attempted to instruct Okwaro to agree to a payment plan to refund the sums in question that my client is allegedly accused of obtaining through false pretenses, ” Ochieng stated.
In the case, Okwaro claims that the complainant is her former boyfriend who used to give her money during their relationship and currently prosecution is malicious since he used to give her money which he now purports to be a fraud.
“The complainant is my ex-boyfriend who resided in the US and instituted the charges maliciously over monetary gifts which he had given me over the court of our relationship,” Okwaro states in pleadings to the JSC.
Achar who has since testified in the case told the court that his estranged girlfriend (Okwaro) put into person use the monies he had sent her to purchase properties for him.
State prosecutor Anderson Gikunda in his response said that the issues raised by the accused lawyer are weighty and called for the matter to be re-allocated to another magistrate for hearing and determination.
Achar on his side told the court that allegations by the accused can be adequately addressed by the High Court via a judicial review or appeal application.
Onyina reserved his ruling on the matter until July 10.
