Just the other day I said Mombasa judicial officers have been perpetuating corruption and there should be an over haul .
Sasa on Friday the DPP ordered the arrest of a magistrate who presided over a case of drugs worth 30 million that’s 10 KGS of heroin . the judge had ordered that the 30 m evidence to be kept in court storage and not the police storage . he went further and ordered the 600,000 kshs caught alongside the drugs to be released to the suspect . weeks later the drugs disappear in court storage .
Now the thief magistrate is flown to Nairobi on friday to be prosecuted . Nelson havi goes to Judge Nyakundi and gets orders ordering for
the release of the judge on 20,000 bond
Halting of any charges against him
He to appear before nyakundi and not any other judge
If this is not plain corruption then niaje , mind you this nyakundi judge has been releasing the Akashas and other drug lords for years and Maraga the corruption weak link chief has been doing nothing .
@dingoo_wa_ingoo as an expert niambie can fellow judge prevent me as a judge from hearing a case
You need to differentiate between Judge and Magistrate. In Kenya, Judges sit in the High Court, Environment and Land Court, Employent and Labour Relations Court, Court of Appeals and Supreme Court. A Magistrate, on the other hand, sits in Magistrate Courts like Kibera and Makadara. In the hierarchy of state officers who exercise the judicial function, Magistrates rank lower than Judges.
I do not know the circumstances under which Havi obtained the orders from Nyakundi. [@pamba, si Nyakundi yuko Kajiado?]
I do not think the Order was to prevent any Judge from hearing the case against a Magistrate. The order prevents the DPP from prosecuting the Magistrate. If a person’s constitutional rights are violated - judge or no judge, they have a right to, and they can obtain relief from court - including the halting of criminal proceedings. The order by Nyakundi is temporary - until the main Application by the Magistrate is heard and determined. After hearing the Application, the Nyakundi may confirm the order, in which case it will be permanent [unless overturned by the Court of Appeals] or he may dismiss the Magistrate’s Application completely.
Having said that, the DPP has the sole prerogative to lodge take over and continue or halt existing “criminal” proceedings and unless in doing so he is violating a person’s constitutional rights, no one can stop him.
I had given Haji the benefit of doubt but now I know all these publicised arrests are just propaganda. Why has he not yet arrested his corrupt father for illegally sellling land which did not belong to him?
Maraga hana uwezo. Haji himself knows that Magistrates have judicial immunity for the work they do. It is a cornerstone of judicial independence. If he has a problem with Kagoni’s orders, he should appeal. Huyu Haji ni D material kweli. If he is keen on fighting corruption he should start with Yusuf Haji.
Si ungemsaidia na evidence basi. Report to the CID or DCI. That way he doesn’t have to type a warrant from his Shamba based on your assumed infraction.
Yes. You cannot prosecute a magistrate for doing his/her work in a particular way. If not happy with a ruling, you appeal. And it is unfortunate that DCI transferred the Magistrate to Nairobi. Why would a trial take place in Nairobi yet the crime allegedly took place in Mombasa? There is no rule of law in Kenya.
Not absolutely. Their immunity is limited to anything that they do in their scope of work if they did it believing that it was right. The immunity cannot protect for example, a magistrate caught red-handed taking bribes.