Three magistrates dismissed for gross misconduct

By Victor Muyakane

Three magistrates have been dismissed from service due to chronic drunkenness while on duty, bad language and financial impropriety. 

The three were found unsuitable and dismissed as part of the sweeping reforms in the judiciary.

The three were found unsuitable and dismissed as part of the sweeping reforms in the judiciary.

Maisiba Toyo was dismissed over what the Judges and Magistrates Board termed as blatant display of unprofessional conduct, for repeatedly carrying out his duties while drunk despite numerous warnings by the Judicial Service Commission.

Karasi Orenge was found to have illegally drawn double salary from two different government organizations for a long period of time and was also found to have falsified his financial records, while Sogomo Gathogo, previously based in Moyale was found unsuitable as a result of regular and prolonged foul mouthed rants and continued use of abusive and derogatory language, financial impropriety and lack of objectivity.

The three were part of a total of 41 judges and magistrates under scrutiny by the judges and magistrates vetting board in the eleventh announcement, with the remaining 38 passing muster.

Elsewhere, businessman Deepak Kamani now wants the High Court to bar the government from releasing any information, documents or reports to the Swiss Government probing the Anglo-Leasing related scandal.

In a petition filed at the Milimani Law court, Kamani and three others argue that his fundamental right would be violated if the Attorney General issues any of Anglo-leasing related documents to the Swiss government.

The Kamani family led by Chamanlal Kamami and Deepak Kamani has moved to court seeking to stop the Attorney General from seeking a mutual legal assistance from the Attorney General of the Swiss Confederation.

The three have been adversely mentioned in the Angloleasing saga with allegations of money laundering. According to the petitioners the request by the AG would amount to a violation of their right.

They argue that if the AG is not restrained from making the request, the matter will be transmitted outside the jurisdiction.

In the application the three want conservatory orders restraining the AG from releasing any information, documents and reports requested by Swiss Federal -attorneys Office for legal assistance in the criminal matter on grounds that the request violates the mutual legal assistance Act.

The Ethics and Anti-Corruption Commission (EACC) has questioned businessman Deepak Kamani as the government reopens cases on the multi-billion-shilling AngloLeasingn scandal. Kamani is among individuals named as architects of 17 Anglo Leasing contracts in the Public Accounts Committee’s Special Audit on Procurement of Passport Issuing Equipment report, that Parliament adopted in 2006.

There are several matters that have been filed at the High Court on the anglo-leasing issue. Yesterday the High Court extended orders restraining the lawyers’ umbrella body from summoning AG Githu Muigai to explain why he advised the government to pay two Anglo-Leasing firms 1.4 billion shillings. Justices Weldon Korir, George Odunga and Mumbi Ngugi said the orders will remain in force until July 25th when the application by the governments’ chief legal advisor will commence.

Early May this year the Law Society of Kenya moved to court to stop the payment of Anglo-Leasing debts by the government.