Home Court News High Court Judge in Trouble for summoning 100year old woman to court.

High Court Judge in Trouble for summoning 100year old woman to court.

by Robert Guyana

A man from Kericho has filed a complaint at JSC against Justice M.C.Oundo for summoning his 100 years old mother to court for sentencing in a land dispute case with his step brother.
Gilbert Koech says his mom Penina Nyambura Too is aged – 100 years, confined on a wheelchair and sickly has been ordered to appear in court with her two sons to be sentenced for allegedly defying court orders in the succession case.
It is alleged that she was evicted from the disputed land and several applicatinos therafter emerged. According to the letter to the JSC,her lawyers Danstan Omari claim that a notice to show cause was issued against Giolbert and gave out an elaborate explanation to court that he was not in possession of the land as he had been evicted.
However the court allegedly proceded to hold that he was in contempt of court orders and issued direvtions that they together with their aged mother apper in court for sentencing.
“The judge pronounced that Gilbert ad his family ,including Penina the woman , Livingstone Koech an administrator and Charles Koech should appear for mitigation and sentencing on 7th of next month,reads the letter
Oamri argues that Gilbert’s family were never given an opportunity to be heard thus gtye judge’s order violated the most basic tenets of natural justice and right to a fair trial.
“The judge displayed lack of impartiality making comments that questioned the aunthenticty of the orders which had been made by her sister justice Asenath Ongeri in another case’ he argues
Furthur he claims that the judge gave evidence even where none had been adduced by the applicant notably the judge refrenced a finding in the high court
“the judge relied on hearsy evidence which was not collaborated and went ahead to strongly condemn Koech based on fabricated allegations which were actuated by malice and vendator owing to the motive nature of the succession proceedings between the parties in the family court ,”reads the oetition
According to Gilbert the judges conduct allowed the court to be exploited as a means to settle personal scores between Koech and Wilson Koech the applicant.
The family now want JSC to urgently call the file for review o mitigate the imminent apprehension of the arrest and initiate a throurough investigation into the conduct of Justice Oundo in this matter .

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