Siaya: Judiciary Initiates Probe Into Magistrate’s 2 Contradicting Judgments In Land Dispute

• The Judiciary launched an investigation into two contradictory judgments issued by Senior Principal Magistrate John Paul Nandi in a land dispute case in Bondo
• The case drew the attention of Chief Justice Martha Koome and the Judicial Service Commission due to concerns about the fair administration of justice
• Preliminary findings have justified a deeper investigation, with the Judiciary reviewing the Case Tracking System and other records to understand the conflicting rulings
• The probe focuses on how the initial judgment favoring the widow was replaced two weeks later with a second ruling in favor of her in-laws

Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi - The Judiciary has launched an investigation into a troubling case involving two contradictory judgments issued by a magistrate in Bondo.

The incident, which has drawn the attention of Chief Justice Martha Koome and the Judicial Service Commission (JSC), has raised serious concerns about the fair administration of justice.

In a statement released on Friday, September 6, the Judiciary's Directorate of Public Affairs and Communication confirmed that an inquiry was underway to determine the circumstances surrounding the case.

"The matter raises serious concerns touching on the Judiciary's core mandate of fair administration of justice," read part of the statement.

According to the statement, the Judiciary initiated its preliminary probe by reviewing the two alleged conflicting judgments, inspecting the Judiciary's Case Tracking System portal, and conducting other inquiries.

Without providing much detail, the Directorate revealed the initial findings justified a more in-depth investigation.

"The outcome of these preliminary probes has revealed a need for further detailed investigations and processes, which are underway," the Judiciary disclosed.

What will Judiciary's probe focus on

The probe will centre on Senior Principal Magistrate John Paul Nandi, who is said to have delivered two conflicting rulings on the same land dispute involving a widow and her in-laws within a span of two weeks.

In the first ruling, Nandi ruled in favour of Sabina Akinyi Masogo, the widow of the late Dominic Masogo Umaya, who had inherited the disputed land following her husband’s death in 2016.

The court upheld the widow's ownership, stating that Umaya is the legal owner of the suit property and that the register be rectified to cure the fraud perpetrated by the first defendant.

However, two weeks later, the judgment was mysteriously deleted and replaced with a second ruling, which ruled in favour of the widow's in-law.

Ruto accuses Judiciary of corruption

In a separate incident, President William Ruto expressed frustration with the Judiciary for trying to stop his key projects, alleging corruption.

The head of state accused the beneficiaries of corruption of collaborating with corrupt judicial officers to obstruct development in Kenya.

Ruto also criticised the Judiciary led by Koome, accusing it of promoting impunity.

Proofreading by Asher Omondi, current affairs journalist and copy editor at TUKO.co.ke.