Malindi Member of Parliament, Aisha Jumwa, lawyer Danstan Omari has petitioned the Judicial Service Commission (JSC) to investigate the conduct of Mombasa Chief Magistrate, Edna Nyaloti, while handling the Ksh20 million graft case against Jumwa and six others.
In a letter dated Tuesday, August 10 addressed to Chief Justice Martha Koome, Omari wants the JSC to investigate Nyaloti citing bias and malice towards the defense team.
He gave an example of the Monday, August 9, court proceedings where Jumwa was presented with fresh graft charges by the prosecution team including forgery, fraud in procurement, and money laundering.Renowned lawyer Danstan Omari outside a Nairobi Court in 2019File
Citing ambush, the defense team appealed to Justice Nyaloti to adjourn the case in order to prepare their submisions, but the request was denied.
"Hon. Nyaloti declined our humble request to adjourn the matter and insisted that the case must proceed notwithstanding the fact that she is on transfer to Nakuru Law Courts as the head of the station," read part of the letter.
"That as a result of your honours show of appreciation for the predicament the defence found themselves in, we (the defence team) was forced to apply to the court to be discharged from representing the accused in the matter."
The lawyer also stated that the Magistrate directed Jumwa to find alternative representation and fixed the hearing date for Tuesday, August 10.
Omari argued that during the Tuesday proceedings, Nyaloti proceeded to issue summons to him and the previous lawyers who represented the lawmaker.
"That the Hon Nyaloti continues to improperly conduct herself in the matter and act unfairly by giving the prosecution an unfair advantage over the defence in a manner that bespeaks of bias, malice and ill-will," read part of the letter.
"Nyaloti has by her conduct and implications, exhibited partially and ill-will as she has, in open court adjourned other matters on grounds that she is on transfer, yet she continues to unreasonably clean on the instant file and make biased decisions that make meaningless the rights of the accused persons under Article 50 of the Constitution."
The MP is accused of stealing Ksh20 million in 2019, alongside six others including Wachu Omar Abdalla (Malindi CDF Account Manager), Kennedy Otieno Onyango, Bernard Riba Kai, Sophia Saidi Charo, and Margaret Faith Kalume, who are members of the Malindi Tender Evaluation Committee, as well as Robert Katana Wanje, a Director of Multserve Contractors Limited.Malindi MP Aisha Jumwa speaking during an event in 2018.Daily Nationsteal
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