Vetting board finds three magistrates unfit

Three magistrates have been found unsuitable to serve in the Judiciary.

The Judges and Magistrates Vetting Board found Narok Chief Magistrate Wilkinson Nyaga Njagi, Bungoma Chief Magistrate Walter Ndolo Nyarima and Busia Chief Magistrate Margaret Gitonga Rintari unfit to continue serving in the judiciary and sent them packing.

Fourteen former magistrates recently appointed as High Court judges, however, survived the vetting board’s scrutiny along with eleven other magistrates.

It was the seventh determination made by the board since it began its work in February 2011 in a process that has so far seen four Court of Appeal Judges and six High Court Judges sent home for bringing the Judiciary into disrepute.

The board’s chairman Sharad Rao said that despite the challenges, inadequate cooperation from the public and opposition from the Kenya Judges and Magistrates Association (KJMA), they managed to vet 39 magistrates.

“The board did not receive adequate response from the public and proceeded despite objection from KJMA which maintained that magistrates who had been promoted to the High Court were not serving judges prior to the promulgation of the constitution and could not be vetted,” said Mr Rao.

Mr Njagi was found unsuitable because of sentencing a former business associate to five years in jail in 2010 for an offence which carried a maximum of one year jail term.

According to the board, the complainant was a land agent who sold the magistrate two parcels of land and when he was charged with a criminal offence before the magistrate, he requested Mr Njagi to disqualify himself but the magistrate declined and went ahead to sentence him.

“It was improper and unacceptable for Mr Njagi to sit in a matter the accused was a person he had commercial dealings and who claimed the magistrate still owed him some money. This was compounded when he sent the accused to jail for a period much longer than that permitted by law,” said Mr Rao.

Mr Rao said the board was concerned the complainant was still incarcerated and has referred the case to the Chief Justice to intervene and have the error corrected.

The board found Mr Nyarima unsuitable for sentencing a man he found guilty of defiling a 10-year-old child to three years in jail instead of the mandatory life sentence and for awarding damages to a claimant two times for the same claim.

Point out errors

Mr Rao said that the magistrate’s failure to point out the errors during the proceedings was an indication of lack of diligence, incompetency and a pointer to some collusion and foul play.

“There were also complaints that the magistrate was involved in several corrupt practices including keeping files under lock and key, taking bribes, being high handed with staff who opposed his corrupt ways and tearing up court files,” said Mr Rao.

Ms Rintari was found unsuitable for refusing to appear before the board to answer complaints of compromising justice by arriving in her station late, chronic absenteeism from court and delaying delivery of judgments.

“Her conduct has contributed to loss of faith in the judiciary and by opting not to attend the hearing, she denied the board the opportunity to question her and asses her work ethics, oral communication skills and temperament."

Among those cleared were Justices Elijah Obaga, Weldon Korir, Rose Ougo, Esther Nyambura, Anthony Kimani, Martin Muya, Cecilia Githua, Grace Ngenye and former High Court registrar Lydiah Achode.

The board singled out Lady Justice Achode for praise saying she came through as very committed to her work using a hands-on approach to solving problems, very articulate, candid and eminently qualified for the position of a judge.

Mr Rao, however, noted the board was concerned that most judges and magistrates lacked training in divisions they are heading and asked the Judicial Service Commission to provide adequate training opportunities for judicial officers.