MCA wants three judges in Kisii DG Robert Monda ouster case removed
Ousted Kisii Deputy Governor Robert Monda when he appeared before the Senate on Wednesday, March 13, 2024 for his impeachment hearing.
The Judicial Service Commission (JSC) is in receipt of a petition seeking the removal of three high court judges over alleged breach of the code of conduct, incompetence and gross misconduct.
The petitioner, Ichuni ward rep Wycliffe Siocha, wants the three removed over their alleged involvement in a petition to halt the removal from office of impeached Kisii Deputy Governor Robert Monda. The senate endorsed the impeachment.
The judges are Francis Rayola Ochieng Odhiambo Olel, Eric Ogola of Milimani High Court in Nairobi and Margaret Muigai of Machakos High Court.
In his petition, the MCA informs JSC that after removal from office by both the Kisii County Assembly and the Senate, Dr Monda filed a case allegedly by a proxy—Jared Mairura Ratemo—and Justice Rayola gave directions on it despite not having jurisdiction.
“The honourable Judge acknowledged that his court was not the right forum to have the matter filed since the petition touched on matters that transpired in the Senate and by extension at the Kisii County Assembly. Having made this determination one would expect the Judge to transfer the matter to Kisii High Court where the cause of action arose,” reads the petition.
However, in what he terms as an unprecedented move, Mr Siocha tells JSC that Justice Rayola went ahead to grant Mr Ratemo interim orders barring the publication of a Gazette notice declaring the DG’s seat vacant.
Justice Rayola further directed that the matter be transferred and mentioned before Justice Ogola at the High Court in Milimani, Nairobi on April 10. Once the case was in Nairobi, Mr Siocha notes that Mr Ratemo withdrew the case and Justice Ogola endorsed the closing of the file.
All this happened while the county assembly was not listed as a respondent or interested party, says the petitioner.
“The interim orders issued by Justice Rayola were irregularly issued and have adversely affected the County Assembly of Kisii since they are yet to be heard after being deliberately and tactfully locked out of the case,” avers Mr Siocha.
He tells JSC that Justice Muigai “handed the Petitioners an unfair advantage by technically extending the interim orders issued by Justice Rayola and by further extending the scope of the orders in a view to serve the interests of Dr Monda who is the intended beneficiary”.
After the withdrawal of the case in Nairobi, including on the e-filing portal, Justice Ogola is accused of again directing that the matter be heard on April 4. The development was “bizarre”, says Mr Siocha.
The ward rep further claims that the judges orchestrated a scheme to aid the petitioners in frustrating the efforts of the county assembly with the aim of defeating the course of justice.
