NAIROBI, Kenya – A petition has been lodged with the Judicial Service Commission (JSC) seeking the removal of High Court Judge Oscar Angote over allegations of gross misconduct and incompetence.
The petition, filed by the Trusted Society of Human Rights Alliance, accuses Justice Angote of violating judicial ethics and betraying his oath of office.
The alliance claims the judge engaged in improper conduct, including meeting with a litigant while presiding over their case, a move they argue compromises judicial impartiality.
“As in all other instances, the learned judge failed to disclose this meeting or his relationship with the litigant. It remains unclear how many other meetings, personal interactions, or communications took place between the judge and the litigant,” reads part of the petition.
Allegations of Judicial Misconduct
The petition further details instances where Justice Angote allegedly issued questionable rulings, including one where he declined to nullify a land title despite testimony from the Principal Land Registrar indicating it was issued irregularly.
“The title was granted before the issuance of letters of allotment and the deed plan. In such a case, a title that has not been properly issued is inherently defective,” the alliance argues.
The judge is also accused of issuing an ex parte injunction for over 14 days against 15 landowners and developers, effectively halting construction projects worth billions without affording them a hearing.
Additionally, the alliance claims that Justice Angote imposed excessive financial conditions on litigants, thereby restricting access to justice.
In a ruling delivered on November 20, 2024, in Soy Developers Limited v. Kenagri Products Limited and four others, the judge allegedly set a condition for stay orders requiring a deposit of Kshs. 500 million in a joint interest-earning account.
“The judge failed to uphold the right to access justice by imposing an exorbitant financial requirement as a condition for a stay pending appeal,” the petition states.
Call for Tribunal to Investigate Judge
The Trusted Society of Human Rights Alliance is now calling on the JSC to form a tribunal to probe the allegations and facilitate Justice Angote’s removal.
“The learned judge has exhibited partiality, incompetence, and blatant favoritism, all of which amount to unethical conduct unbefitting a High Court judge,” the petition concludes.
