The Judiciary has launched investigations into an incident where a Magistrate issued two conflicting judgements in a case involving a widow in Bondo sub-county.
A statement from the Judiciary’s public affairs and communication directorate says that a preliminary probe into the matter has revealed the need for further detailed investigation.
“The issue of conflicting judgements in a case registered as Bondo Law Courts MCELC/E043 of 2023, before Senior Principal Magistrate John Paul Nandi has been brought to the attention of the Chief Justice and Judicial Service Commission for investigation and determination,” read the statement dated September 6, 2024.
“The matter raises serious concerns touching on the Judiciary’s core mandate of fair administration of justice.
Judiciary says they promptly commissioned preliminary examinations including review of the two alleged contradictory judgements and inspection of the judiciary’s case tracking system portal, where judgements and rulings are uploaded among other enquiries.
The move comes after a widow, early this week, appealed for the indulgence of the Chief Justice after a Bondo court gave two conflicting rulings in a case involving family land.
Widow Sabina Akinyi Masogo of Sakwa Kaduodi village on the outskirts of Bondo town, said she was at a loss on which judgment to take.
This after the area Magistrate, John Paul Nandi ruled in her favour in a land case she had filed against her in-law, only for the same Magistrate to issue a different ruling ten days later.
According to Masogo, she had moved to court to seek justice after one of their in-laws, married to his late husband’s sister allegedly transferred a parcel of land belonging to his late husband to himself fraudulently.
She says that the man duped his husband, the late Dominic Masogo Umaya to surrender the title to him for safe custody only to later change it into his name.
A judgement delivered on June 26th, 2024 at 9.50 am at the Bondo law courts ruled in her favour, with the court directing the sub-county lands registrar to make necessary changes in its records and revert the title deed to its rightful owner.
According to the Magistrate’s finding, the title deed held by the first defendant, in respect of the parcel of land registered as South Sakwa/ Barkowino/2805 was procured through fraud and ought to be cancelled.
“Further, this court has held and found that the deceased, Domnic Masogo Umaya is the legal owner of the suit property and it is only fair that the register be rectified to cure the fraud perpetrated by the first defendant and return the suit property to the rightful owner whose ownership has not been disputed” read the initial judgment that was deposited in the Judiciary portal but later deleted under unknown circumstances.
Sabina had sued the in-law, Joseph Agola Adundo and Bondo District Land Registrar who were the first and second respondents respectively.
The widow’s celebration was however short-lived as barely two weeks into the ruling; it dawned on her that what was on the Judiciary portal was different from what was ruled.
This came into light when her advocate Ruth Otieno prepared a decree to be served on the in law and the lands registrar and took it to Bondo law courts for certification and stamping before being served.
According to lawyer Otieno, who spoke on phone, she was shocked to learn from court officials that the ruling was not in favour of her client.
“The judgment was read on the set date of June 26 and subsequently uploaded onto the Judiciary portal” she said adding “According to this judgement which was in favour of my client; I proceeded to write a decree that would initiate the transfer”.
The information from the court officials made her revisit the Judiciary portal where, she said; she was shocked to find a different ruling that favoured the defendant.
In the second judgement, said lawyer Otieno, the Magistrate claimed that the case filed by the plaintiff was untenable and not tenable in law in view of the clear provisions of the Limitations Act.
“I find that the Plaintiff has not been able to prove her case on balance of probabilities and hereby dismiss her case with costs to the defendant as costs follow the event,” read the second judgement which she said was never read in an open court.
Efforts to get a comment from Magistrate Nandi did not bear fruits as officials at Bondo Law Courts said he has since been transferred to Kimilili Law Courts.
The court officials however confirmed that the initial judgement was posted onto the judiciary portal only to be deleted later and the second one posted.
The officials said that only the magistrates or the judges are allowed to upload judgements to the portal and occasionally, their secretaries do when authorized.
Sabina’s son, Jackton Otieno Masogo appealed to the chief justice to intervene and ensure that justice was dispensed and his family gets what rightfully belong to them.
Otieno said they cannot understand how the decision that was made in an open court was changed to favour the defendant.
By Star