Chief Justice Martha Koome has ordered a probe into the controversial issuance of two conflicting rulings in a land dispute case in Bondo, Siaya County, raising alarm over judicial integrity.....CLICK HERE TO READ THE FULL ARTICLE>>>
The case involves a widow, Sabina Akinyi Masogo, who was caught in a legal quagmire when a magistrate delivered contradictory judgments in the span of ten days, leaving her and her family in limbo.
The Judiciary issued a statement affirming that it has launched an official investigation into the matter, calling it a “serious concern” that touches on the institution’s commitment to fairness and justice. “The Judiciary is conducting thorough inquiries, including a review of the two rulings and an examination of the Judiciary’s Case Tracking System,” the statement read.
Why it matters:
This case touches on a critical issue at the heart of Kenya’s justice system—the integrity and transparency of court rulings. Conflicting judgments, particularly in sensitive cases like land disputes, erode public confidence in the Judiciary and raise questions about the handling of legal records.
For many Kenyans, access to land represents not only economic security but a deep connection to family heritage and livelihood. When such cases are mishandled, it threatens the very foundation of justice, especially for vulnerable groups like widows who rely on courts to defend their rights.
Dig deeper:
The case revolves around a land parcel in Sakwa Kaduodi village, where Sabina’s late husband, Dominic Masogo Umaya, had entrusted the title deed to his brother-in-law, Joseph Agola Adundo, for safekeeping. However, Sabina later discovered that Agola had fraudulently transferred the title to his own name. In response, she took legal action to reclaim the land.
On June 26, 2024, Senior Principal Magistrate John Paul Nandi ruled in her favour, confirming that the land title was obtained through fraud and should be returned to its rightful owner.
“This court has found that the title deed held by the first defendant was procured through fraudulent means and must be cancelled,” read the initial judgment, which was uploaded to the Judiciary portal.
However, Sabina’s relief was short-lived. Just ten days later, while her lawyer, Ruth Otieno, was processing the paperwork to enforce the ruling, she discovered that the judgment had mysteriously been replaced on the Judiciary portal with a contradictory ruling.
The second judgment dismissed Sabina’s case, citing the Limitations Act. “The plaintiff has failed to prove her case on a balance of probabilities, and the matter is hereby dismissed with costs to the defendant,” the second ruling read.
Otieno expressed shock and frustration. “I was astonished to find a different ruling on the portal. The original judgment was clear and in favour of my client. How could a new judgment appear without any notification or hearing?” she questioned.
Efforts to reach Magistrate Nandi were futile, as court officials revealed that he had been transferred to Kimilili Law Courts shortly after the second ruling. The officials also confirmed that the original judgment had been deleted from the Judiciary portal under unknown circumstances.
Sabina’s son, Jackton Otieno Masogo, has called on Chief Justice Koome to intervene, demanding justice for his family. “We don’t understand how a ruling given in open court could be altered to favour the defendant. We appeal to the Chief Justice to ensure that justice is done,” Jackton stated.
The bigger picture:
The conflicting judgments have cast a shadow over the integrity of the judicial process, prompting public outcry and calls for reform.
Legal analysts have raised concerns over the potential manipulation of judicial processes, with many urging a review of the Case Tracking System to prevent such occurrences in the future.
The probe is expected to bring clarity to the events surrounding the conflicting judgments, and many are awaiting the findings with keen interest….CLICK HERE FOR MORE ARTICLE>>>
