Lawyers accuses Magistrate Nyaloti of malice against Jumwa’s fraud case
Lawyers who represented Malindi Member of Parliament Aisha Jumwa’s fraud case wants Judicial Service Commission (JSC) to investigate Mombasa Magistrate Edna Nyaloti.
The four lawyers, Danstan Omari, Jared Magolo, Shadrack Wamboi and Titus Kirui have accused Nyaloti of bias, malice and ill-will, claiming she continues to conduct herself improperly in the matter, the fraud case against Jumwa, by giving the prosecution unfair advantage over the defence.
“Hon. Nyaloti has by her conduct and implications, exhibited partiality and ill-will as she has , in open court adjourned other matters on grounds that she is on transfer, yet she continues to unreasonably cling on the instant file and make biased decisions that make meaningless the rights of the accused persons under article 50 of the constitution , 2010,” reads the petition.
The four lawyers say Nyaloti has consistently declined their request to adjourn the matter and insisted that the case must proceed yet she is on transfer to Nakuru Law Courts as Head of Station.
“Following Hon. Nyaloti’s recent conduct during the court proceedings, it has become increasingly important to inform you of her conduct unbecoming and to invite you to take measures appropriate to discipline her and /or call her to order,” reads the petition.
Jumwa was yesterday charged afresh after the prosecution amended the charges in forgery, fraud in procurement and money laundering.
The lawyers applied for adjournment of the case to get instruction from their clients saying the prosecution had ambushed them.
However, Nyaloti only allowed them two minutes and further, dismissed their plea to have the matter adjourned to another date insisting on hearing the case on today without considering their submissions prompting them to withdraw their services.
Today, the four lawyers were summoned by an officer from the Directorate of Criminal Investigations to appear personally in court after they withdrew the services of representing the legislator.
However, the court disasociated itself from the matter stating that they were summoned to hand over the statements to Jumwa’s new counsel.
The lawyers however, demanded to be paid before they could hand over the files to the new legal team.
The firm has asked the court to review the matters that were before her on the 9th to 12th of this month to establish the inconsistencies in her directions.
“We strongly urge you to take actions on Hon. Nyaloti for justice need not be done but it is must be seen to be done,” reads the letter.
Jumwa alongside Wachu Omar Abdalla, Kennedy Otieno Onyango, Benard Riba Kai, Sophia Saidi Charo, Margaret Faith Kalume, Robert Katana Wanje and Multserve Contractors Limited were yesterday charged afresh of conspiring to defraud the Malindi National Government-Constituency Development Fund (NG-CDF) of Sh20 million.
