The Judiciary has launched investigations into an incident where a Magistrate issued two conflicting judgments in a case involving a widow in Bondo sub-county.
A statement from the Judiciary’s public affairs and communication directorate says that preliminary probes into the matter have revealed the need for further detailed investigations.
“The issue of conflicting judgements in a case registered as Bondo Law Courts MCELC/E043 of 2023, before Senior Principal Magistrate John Paul Nandi has been brought to the attention of the Chief Justice and Judicial Service Commission for investigation and determination,” read the statement dated 6th September, 2024.
“The matter raises serious concerns touching on the Judiciary’s core mandate of fair administration of justice,” reads the statement adding, “Therefore the Judiciary promptly commissioned preliminary examinations including review of the two alleged contradictory judgments, inspection of the judiciary’s case tracking system portal, where judgments and rulings are uploaded among other inquiries.”
Early this week, a widow appealed for the indulgence of the Chief Justice after a Bondo court gave two conflicting rulings in a case involving family land.
Widow Sabina Akinyi Masogo of Sakwa Kaduodi village in the outskirts of Bondo town, said she was at a loss on which judgment to take after the area Magistrate, John Paul Nandi ruled in her favour in a land case she had filed against her in law, only for the same Magistrate to issue a different ruling ten days later.
According to Masogo, she had moved to court to seek justice after one of their in laws, married to his late husband’s sister allegedly transferred a parcel of land belonging to his late husband to himself fraudulently.
She says that the man duped his husband, the late Domnic Masogo Umaya to surrender the title to him for safe custody only to later change it into his name.
A judgement delivered on June 26th, 2024 at 9.50 am at the Bondo law courts ruled in her favour, with the court directing the sub county lands registrar to make necessary changes in its records and revert the title deed to its rightful owner.
According to the Magistrate’s finding, the title deed held by the first defendant, in respect of the parcel of land registered as South Sakwa/ Barkowino/2805 was procured through fraud and ought to be cancelled.
“Further, this court has hold and found that the deceased, Domnic Masogo Umaya is the legal owner of the suit property and it is only fair that the register be rectified to cure the fraud perpetrated by the first defendant and return the suit property to the rightful owner whose ownership has not been disputed” read the initial judgment that was deposited in the Judiciary portal but later deleted under unknown circumstances.
Sabina had sued the in law, Joseph Agola Adundo and Bondo District Land Registrar who were the first and second respondents respectively.
The widow’s celebration was however short-lived as barely two weeks into the ruling; it dawned on her that what was on the Judiciary portal was totally different from what was ruled.
This came into light when her advocate, Ruth Otieno prepared a decree to be served on the in law and the lands registrar and took it to Bondo law courts for certification and stamping before being served.
According to lawyer Otieno, who spoke on phone, she was shocked to learn from court officials that the ruling was not in favour of her client.
“The judgment was read on the set date of June 26th and subsequently uploaded onto the Judiciary portal” she said adding “According to this judgement which was in favour of my client; I proceeded to write a decree that would initiate the transfer.”
The information from the court officials made her revisit the Judiciary portal where, she said; she was shocked to find a different ruling that favoured the defendant.
In the second judgement, said lawyer Otieno, the Magistrate claimed that the case filed by the plaintiff was untenable and not tenable in law in view of the clear provisions of the Limitations act.
“I find that the Plaintiff has not been able to prove her case on balance of probabilities and hereby dismiss her case with costs to the defendant as costs follow the event,” read the second judgement which she said was never read in an open court.
The lawyer said she sought audience with the magistrate over the matter but he told him that the first one was a mistake and the second judgement stands.
“I wonder how an experienced officer can write a wrong judgement, post it on the portal, only to revert after close to two weeks” said lawyer Otieno who said she had lodged an appeal over the matter.
Efforts to get comment from magistrate Nandi did not bear fruits as officials at Bondo law courts said he has since been transferred to Kimilili law courts and none was willing to share his cell phone contacts.
The court officials however confirmed that the initial judgement was posted onto the judiciary portal only to be deleted later and the second one posted.
The officials said that only the magistrates or the judges are allowed to upload judgements to the portal and occasionally, their secretaries when authorized.
Sabina’s son, Jackton Otieno Masogo appealed to the chief justice to intervene and ensure that justice was dispensed and his family gets what rightfully belongs to them.
Otieno said they cannot understand how the decision that was made in an open court was changed to favour the defendant, adding that unless something was done, Kenyans will not have faith in the judiciary.
