NAIROBI, Kenya – A petition has been filed with the Judicial Service Commission (JSC) seeking the removal of Migori Magistrate Mathias Okuche over allegations of professional misconduct, bias, and disregard for due process.
The complaint, lodged by William Othiambo Ngita, questions the magistrate’s handling of a contentious property dispute.
Ngita argues that the case was dismissed under dubious circumstances, raising concerns about judicial integrity.
According to the petition, the magistrate delivered an eight-page handwritten ruling on November 14, 2024—nearly two weeks before the scheduled judgment date of November 26.
Ngita claims this sudden change was unjustified and compromised procedural fairness.
“It is alarming that defendants who never participated in the trial walked away victorious. Now, we are expected to extract a certificate of costs from an expunged judgment. This is a clear display of partiality by Honourable Mathias Okuche,” the petition states.
Ngita had sued Ansentus Otieno Njagwa and 15 others, accusing them of trespassing on the Estate of Ngita Swaya and unlawfully collecting rent despite not being recognized as beneficiaries.
Through his lawyer, Njenga Kiarie of KAN Advocates LLP, Ngita argues that Magistrate Okuche’s conduct constitutes a serious violation of the Constitution.
He cites breaches of Chapter Six on Leadership and Integrity, as well as allegations of gross misconduct and incompetence in executing judicial duties.
The petition has also been forwarded to the Commission on Administrative Justice – Office of the Ombudsman for further review.
