By Andrew Kariuki
Fresh questions have emerged over the management of a part-heard criminal case at the Milimani Law Courts after defence lawyer, Harrison Kinyanjui, raised concerns about how the matter was listed before a different court despite being near conclusion.
Through a letter dated January 22, 2026, advocate Kinyanjui, acting for the second accused person, Andrew Kirungu Aseri, formally wrote to Chief Magistrate Lucas Onyina seeking clarity over the handling of Criminal Case No. MCCCRE/E1137/2023.
According to the defence, the case has been before Chief Magistrate Dolphina Alego since 2023 and had reached an advanced stage.
By the time the concerns were raised, the prosecution had already called 19 witnesses, and the matter had moved to the defence phase.
The first accused had already testified and was awaiting cross-examination.
Kinyanjui stated that the situation became unclear after an application seeking the recusal of Magistrate Alego was dismissed by the High Court on January 21, 2026.
Shortly after that ruling, the defence says the case was unexpectedly listed before Principal Magistrate Rose Ndombi in Court 8, without any explanation being given to the parties.
The defence expressed concern that the listing appeared to reset the case to procedural steps, including directions for typing proceedings, despite the matter having already progressed to defence hearing.
They warned that the change risked delaying a case that has been in court for over two years.
In the letter, the defence also pointed out that the court did not address whether the change complied with the law, particularly the requirement that accused persons be informed of their rights when a case is taken over by a different magistrate.
They said no explanation was given on whether the accused could choose to proceed from where the case had reached or start afresh.
Kinyanjui further highlighted the impact of the delay on his client, noting that Aseri was interdicted from his public service position following his arrest and has since been unable to access or process his retirement benefits.
He argued that continued uncertainty in the case had caused personal and financial hardship.
The issue was later addressed when the matter came before Chief Magistrate Lucas Onyina on January 22, 2026.
Chief Magistrate Onyina clarified that the case had not been reassigned from Magistrate Alego’s court.
He explained that while some matters previously handled by Magistrate Alego had been transferred administratively to Magistrate Rose Ndombi, the subject case was not among them.
Chief Magistrate Onyina directed that the file be placed back before Magistrate Dolphina Alego and formally set the matter for hearing on January 28, 2026.
The clarification settled the question of where the case would proceed, confirming that Magistrate Alego would continue handling the trial as scheduled.
