JSC drops bribery claims against judge Alfred Mabeya
Mr Justice Alfred Mabeya. The Judicial Service Commission on May 25, 2015 dropped a bribery case against him after his accuser, Pastor Patrick Wafula Kaburu, withdrew his claims.
What you need to know:
Mr Kaburu had filed six allegations against the judge, alleging that the judge was influenced by some court officials and received bribes to dismiss his case.
Mr Kaburu appeared before the commission on May 20 to prove his claims but was unable to provide any evidence.
Justice Mabeya denied the claims and accused Mr Kaburu of lying because he had lost the case.
The Judicial Service Commission on Monday dropped a bribery case against Mr Justice Alfred Mabeya after his accuser withdrew his claims.
Judge Mabeya was among six judges summoned by the commission last week, but he was not grilled after the complainant, Pastor Patrick Wafula Kaburu, said he had withdrawn his case.
Mr Kaburu appeared before the commission on May 20 to prove his claims but was unable to provide any evidence.
He then said he was withdrawing the claims but would appeal the ruling Justice Mabeya made in his case.
SIX CLAIMS
Mr Kaburu had filed six allegations against the judge, claiming that the judge was influenced by some court officials and received bribes to dismiss his case.
Justice Mabeya denied the claims and accused Mr Kaburu of lying because he had lost the case.
He stated that he was not in Bungoma on the date he was alleged to have mishandled the case (January 17, 2014).
“I left the station on December 11 (2013) for my leave, which was approved by the Chief Justice, and spent the time with my family in Nairobi and returned to Bungoma on January 19 (2014). I could not, therefore, have been in the station on the date he says I interfered with the case,” the judge said.
TAKE BRIBES
Mr Justice Mabeya further stated that he had never met any court official to discuss any litigant or to take bribes.
The JSC secretariat found that Justice Mabeya's refusal to fix a hearing for Mr Kaburu's case that was being handled by a lower court was within the law.
The secretariat confirmed the judge had attached a transport ticket of his official car that indicated he was around Nairobi on January 17 and travelled to Bungoma on January 19.
According to the commission, Justice Anne Omollo, who was alleged to have been with Justice Mabeya on January 17 receiving bribes in Kimilili, also swore an affidavit stating that she was in Kisumu preparing for her father’s funeral on that day.
20 UNDER SCRUTINY
Court officials in Bungoma also swore affidavits denying ever arranging for the judge to receive bribes, and accused the complainant of threatening public servants whenever things don’t go his way.
The JSC disciplinary committee last week started screening close to 20 judges alleged to have engaged in misconduct.
The scrutiny is expected to be concluded in the next three weeks.
