Lawyers drawn from the Law Society of Kenya Busia branch have issued Chief Justice Martha Koome with a 21-day deadline to facilitate the transfer of Chief Magistrate Edna Nyaloti over threats to her life.
Legislative operations in the county have been at a standstill for the past three days, following a boycott by lawyers who have refused to attend proceedings. The lawyers argue that continuing with hearings under the current conditions would further endanger the life of the magistrate.
"All advocates within the jurisdiction of Busia Law Courts shall withdraw legal services and shall not attend court sessions before Busia Law Courts number 1 presided over by Chief Magistrate Edna Nyaloti until she is transferred to another station,’’ Nabulindo Dolan, LSK President Busia Branch, announced.
The paralysis follows the magistrate's concerns that brokers are infiltrating the local courts and jeopardising the integrity of the justice system.
In an official statement dated Tuesday, August 19, the Chief Magistrate highlighted cases of individuals turning court processes like surety and case withdrawals into a business.
The magistrate named some individuals and accused them of commercialising bonds and threatening the judiciary staff.
Following the threats, the lawyers have resorted to abandoning court proceedings, and demanded that CJ Koome transfer the Chief Magistrate for her safety. The lawyers have warned that the Busia Law Courts will remain paralysed until the CJ acts accordingly.
They have also warned that if the CJ does not act within the given period, they will withdraw their services in all courts within the county.
"If Hon Edna Nyaloti is not transferred within the next 21 days, advocates shall withdraw their services in all courts within Busia County, including the newly established Malaba Law Courts and Port Victoria Law Courts," the lawyers warned.
The lawyers have maintained that their main aim is to protect the Chief Magistrate's life by ensuring her transfer away from Busia Law Courts is successful.
The safety of Magistrates in courts have been a major issue in the country. Many Magistrates face life threats over how they handle and rule in different cases.
In June 2024, a Chief Magistrate from the Makadara Law Courts was shot by a police officer during an ongoing court case after the officer did not agree with her ruling. The magistrate succumbed to the shooting.
