Lawyers representing Malindi Member of Parliament Aisha Jumwa have written a complaint to the Judicial Service Commission (JSC) against Mombasa Magistrate Edna Nyaloti.
The complaint is over the fraud case against Jumwa that is being heard by the said magistrate.
The lawyers have urged the commission to make an inquiry against the magistrate’s conduct on the legislator’s case.
“Following Hon. Nyaloti’s recent conduct during the court proceedings, it has become increasingly important to inform you of her conduct unbecoming and to invite you to take measures appropriate to discipline her and /or call her to order,” reads the letter.
The lawyers who include Shadrack Wambui, Danstan Omari, Kirui and Magolo were summoned yesterday to appear personally in court after they withdrew the services of representing the legislator.
“That is shocking that Nyaloti proceeded to issue summons against the accused persons previously advocates to wit, for no apparent reason.
“That the summons were served to the lawyers by an officer from the Directorate of Criminal Investigations leading doubt whether the lawyers are now criminal or have in any manner offended the law by declining to henceforth represent Jumwa,” reads the court documents.
They add: “Hon. Nyaloti has by her conduct and implications, 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 cling on the instant file and make biased decisions that make meaningless the rights of the accused persons under article 50 of the constitution , 2010,” reads the complaint.
The firm has asked the court to review the matters that were before her on the 9th to 12th of this month to establish the inconsistencies in her directions.
“We strongly urge you to take actions on Hon. Nyaloti for justice need not be done but it is must be seen to be done,” reads the letter.
On Monday, the legislator together with six other accused persons were charged afresh over corruption charges.
The prosecution amended the charge sheet.
Earlier the lawyers had asked for time to allow them go through the amended charges but were only given 10 minutes.
Similarly, the lawyers’ application to have the magistrate take the case to another magistrate was declined with Nyaloti saying that she hear and determine the case notwithstanding the fact that she has been transferred to Nakuru court.
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