Judiciary Takes Action After Bondo Magistrate Allegedly Issues Two Conflicting Judgments
The Judiciary has launched a full-scale investigation into a disturbing incident in Bondo sub-county, where a magistrate is accused of issuing two conflicting judgments in a case concerning a widow’s family land dispute.
The case, which has sparked public outcry, highlights serious concerns about the integrity and fairness of the judicial process.
According to a statement released by the Judiciary’s Public Affairs and Communication Directorate on September 6, 2024, the issue of contradictory judgments in case MCELC/E043 of 2023, presided over by Senior Principal Magistrate John Paul Nandi, has been escalated to the Chief Justice and the Judicial Service Commission for thorough investigation and resolution. “The matter raises serious concerns touching on the Judiciary’s core mandate of fair administration of justice,” the statement emphasized.
The Judiciary revealed that preliminary examinations had already been conducted, including a review of the two conflicting judgments and an inspection of the Judiciary’s case tracking system portal, where judgments and rulings are typically uploaded. The Judiciary’s prompt action underscores its commitment to ensuring justice is served without bias or error.
The controversy began earlier this week when widow Sabina Akinyi Masogo of Sakwa Kaduodi village, on the outskirts of Bondo town, publicly appealed to the Chief Justice after discovering that the Bondo court had issued two conflicting rulings in her land case. The widow had initially won the case against her in-law, who had allegedly transferred a parcel of land belonging to her late husband to himself fraudulently.
The first judgment, delivered on June 26, 2024, ruled in Sabina’s favor, with the court directing the sub-county lands registrar to revert the title deed to its rightful owner. The judgment stated that the title deed held by the first defendant, Joseph Agola Adundo, was procured through fraud and should be canceled.
“Further, this court has held and found that the deceased, Dominic 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.
However, Sabina’s joy was short-lived when she discovered, upon revisiting the Judiciary portal, that the initial ruling had been deleted and replaced with a new judgment favoring the defendant. In the second ruling, the magistrate claimed that Sabina’s case was “untenable in law in view of the clear provisions of the Limitations Act,” and dismissed the case with costs to the defendant.
Sabina’s lawyer, Ruth Otieno, expressed shock and confusion over the conflicting rulings. “The judgment was read on the set date of June 26 and subsequently uploaded onto the Judiciary portal,” she said. “According to this judgment, which was in favor of my client, I proceeded to write a decree that would initiate the transfer.” However, she later discovered the altered judgment, which she noted was never read in open court.
Efforts to reach Magistrate Nandi for comment were unsuccessful, as he has since been transferred to Kimilili Law Courts. Court officials confirmed that the initial judgment was indeed posted onto the Judiciary portal before being mysteriously replaced.
Sabina’s son, Jackton Otieno Masogo, has appealed to the Chief Justice to intervene and ensure justice is served. “We cannot understand how the decision that was made in open court was changed to favor the defendant,” Otieno said, expressing his family’s frustration and hope for a fair resolution.
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Judiciary Takes Action After Bondo Magistrate Allegedly Issues Two Conflicting Judgments
