Four Lawyers representing Malindi MP Aisha Jumwa in a case where she is charged alongside 7 others now want the conduct of Mombasa Magistrate Edna Nyaloti investigated.
In a petition to the Judicial Service Commission, the lawyers have accused Hon Nyaloti of bias, malice and ill-will claiming she continues to conduct herself improperly in the matter by giving the prosecution unfair advantage over the defence.
They say, “Hon Nyaloti has by her conduct and implication exhibited partiality and ill-will, as she has in open Court adjourned other matters on grounds that she is on transfer, yet she continues to unreasonably make biased decisions that make meaningless the rights of the accused.”
Led by Lawyer Danstan Omari, the lawyers say Hon Nyaloti has consistently declined their request to adjourn the matter and insisted that the case must proceed yet she is on transfer to Nakuru Law Courts as Head of Station.
According to Omari, the matter came up for hearing on 9th August in Mombasa Law Courts but before they could proceed to hearing, the prosecutor applied to amend the charges against the accused persons and substitute the charge sheet with another.
Omari says the move was an ambush, compelling them to seek an adjournment to seek directions from their client.
The Lawyer says Hon Nyaloti only allowed them two minutes, and when they sought a further adjournment, the magistrate dismissed their request.
As a result of the predicament, the defence team applied to be discharged from representing the accused in the matter.
Omari says the Magistrate has proceeded to issues summons to him and his colleagues for no apparent reason and now wants the Judicial Service Commission to intervene.
“It is on this basis we implore your office to urgently make an inquiry into the conduct of Hon Nyaloti regarding the case against the MP, and further review matters that were before her on 9th to 12th August to establish the inconsistencies in her directions,” Omari says.