New Twist in Case Against Supreme Court Registrar Esther Nyaiyaki

  • A new twist has emerged from the case against Supreme Court registrar Esther Nyaiyaki after the leadership of the Law Society of Kenya (LSK) publicly disagreed on how the matter should be handled.

    On Tuesday, LSK Chairman  Isaac Okero wrote to the chair of the Ethics and Anti-Corruption Commission (EACC) Archbishop Eliud Wabukala stating that the commission had no jurisdiction to investigate Ms Nyaiyaki.

    However, on Thursday the LSK Vice chairperson Faith Waigwa sent her own advisory letter to Wabukala calling out Mr Okero explaining that he hadn't consulted the members before he sent the letter adding that it was not written on common ground with all the  LSK Council members.

    “The LSK is not only a professional body that represents advocates, it is a statutory body with the objects of protecting the public in matters ancillary to the law and assisting the government and the courts in matters relating to legislation and the administration of justice,” she conveyed.

    [caption caption=" LSK Vice chairperson Faith Waigwa"][/caption]

    She elucidated that While the Judicial Service Commission had supervisory jurisdiction in employment and disciplinary matters concerning its employees, other law enforcement agencies such as the EACC, the Kenya Police Service, and the Assets Recovery Agency, still retained a constitutional and statutory obligation to investigate and prosecute matters or allegations of a criminal nature arising from complaints made against judicial staff

    “It is expected that the society will be impartial, objective, true to the law and shall not take partisan or sectarian sides, especially in political matters. Unfortunately, this has not been the case as this issue has not been deliberated by the LSK Council and a position arrived at.

    "The then LSK leadership issued statements supporting investigations in some of the above cases culminating in charging of the judicial officers. It would be discriminatory for the Society to now single out one judicial officer for preferential treatment without any basis in fact or law," she added.

    Ms Waigwa further explained that there more than ample precedence of judicial staff being investigated and even charged in court over criminal matters

    “At least two judges have been charged and subsequently acquitted while in office in Nairobi Chief Magistrate Anti-Corruption case number 36 of 2009; a former Chief Registrar of the Judiciary and five other senior judicial staff members have been charged and their matters are still pending in court; several magistrates have been investigated and charged in court," she stated.

    "I should nevertheless point out, conversely that all judicial staff, Ms Nyaiyaki included, who are subject of investigations or court cases must like all Kenyans, be afforded fair treatment and the opportunity to rebut allegations made against them and must not appear to be the subjects of victimization for doing their jobs within the law.

    "And for the avoidance of doubt LSK stands for the rule of law and equal application of the law in all circumstances," she concluded.

    [caption caption="File Photo LSK Chairman  Isaac Okero"][/caption] 

    Earlier on in the week, The EACC summoned Rashid Mohammed, the petitioner who wants the Supreme Court registrar Esther Nyaiyaki probed, for statement recording.

    The Jubilee Kakamega point-man was invited by the anti-corruption agency through a letter by head of forensic investigations John Lolkolo.

    Mohammed wanted Nyaiyaki probed on allegations she presented a doctored IT report on flaws which formed grounds for nullification of President Uhuru Kenyatta's re-election.

    In his petition, Mohammed stated that the majority decision was influenced by the report which he argues is the opposite of the verification done on the forms 34A, B, and C.

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