Petitioner seeks removal of Migori Magistrate Mathias Okuche

The petition, filed by William Othiambo Ngita, challenges the magistrate’s handling of a property dispute case, which was dismissed with costs under questionable circumstances.

According to the petitioner, the ruling was delivered on a date different from the one set by the court and involved a case that was neither defended nor listed for hearing. 

Ngita claims that the accused parties never appeared in court or defended the suit yet still emerged victorious in the judgment. A key contention in the petition is the delivery of an eight-page handwritten ruling on November 14, 2024, instead of the scheduled date of November 26, 2024.  

The petitioner argues that the unexplained alteration of the judgment date prejudiced his case and violated procedural fairness.  

“It cannot be gainsaid that the defendants, who never participated in the trial, emerged triumphant. We are now keen on extracting a certificate of costs as awarded in the expunged judgment. This is the height of partiality by Honourable Mathias Okuche,” the petition states.  

Ngita had sued Ansentus Otieno Njagwa and fifteen others for trespass and dispossession of the Estate of Ngita Swaya, accusing them of unlawfully collecting rent despite not being beneficiaries of the estate.  

Through lawyer Njenga Kiarie of KAN Advocates LLP, Ngita seeks the removal of Magistrate Okuche on grounds of serious violation of the Constitution, including contravention of Chapter Six on Leadership and Integrity, gross misconduct, and incompetence in the performance of judicial duties.  

The petition has also been copied to the Commission on Administrative Justice – Office of the Ombudsman.