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Warsame accused of frustrating operations in Nairobi

The ongoing onslaught against judges has taken a new twist after a Nairobi MCA claimed some judges have been frustrating the operations of the county.

Makongeni MCA Peter Imwatok alleged that Court of Appeal Judge Mohammed Warsame (pictured above) has been working closely with some Nairobi County MCAs to give a ruling in their favour.

“It’s very sad that some judges only give rulings that favour members of their religion or tribe. I will soon write to the Judicial Service Commission (JSC) about this sad situation,” Imwatok said.

On the allegations raised by impeached Governor Mike Sonko against Justice Said Chitembwe, Imwatok urged JSC to move with speed and probe the allegations.

“Some of the allegations raised are destroying our name as a county assembly. We are asking JSC to probe them and give us a report as soon as possible,” Imwatok said.

When reached out for a comment on the claim, judge Warsame said; “I will not comment on issues that are currently in court. It’s prejudice.”

Imwatok further demanded recusal of Warsame from the Nairobi County Assembly case filed by former clerk Jacob Ngwele.

“I want to put it straight that we are not part of what the judiciary is doing. I want to say that what we did was good for Nairobians, we did not do anything out of malice, we did not do anything out of injustice. I agree that the courts subsequently have agreed with us and if indeed the courts have agreed with us then I don’t expect what I see on social media expounded by former governor Mike Sonko,” he said.

His plea comes at a time when the JSC has already allowed petitions seeking to remove Justice Saib Chitembwe.

The commission has directed the petition be directed to the judge for a response which should be done within 14 days.

In a statement, Chief Justice Martha Koome said the JSC had deliberated on the petitions which accuse the judge of gross misconduct and impropriety.

“The petitions and the honourable judge’s response will be considered by a panel which has been set up by the commission. The panel will present its findings to the commission,” the statement read.

Former Nairobi Governor Mike Sonko has accused Chitembwe of graft.

Chitembwe has denied involvement in corruption.

Sonko made the allegations through various video recordings, which have come to be referred to as ‘Sonko leaks’.

This is one case where Justice Mohammed Warsame has been accused of favoring his Muslim brothers and a reason the MCAs are demanding that he recuses himself from is the case challenging Jacob Ngweles’ dismissal as assembly clerk, a lucrative position in the National Assembly.

Through their lawyer Michael Osundwa, ousted clerk Edward Gichana feels that he would not be accorded fair hearing.

“A judge must be polite and must give each party equal chance and fair trial it is true that my client is not happy with the manner in which this case is being handled I was not given the opportunity to elaborate my case,” Osundwa noted.

Justice Maureen Onyango ruled that Ngwele’s appointment to the clerk’s office was shrouded in irregularities.

“The petitioner sought an injunction against the respondents for illegally or unfairly interfering with his employment by way of suspension, termination or removal whether acting directly or through third party… Having found that the petitioner’s appointment was shrouded in irregularities, hence illegal, this court declines to grant those orders,” Onyango ruled ruled.

According to a source privy to the happenings, the bad blood between the judge and the lawyer ended in altercation where the Osundwa was referred to a ‘terrorist’ a racist reference only close to ‘nywele ngumu’ that Somali and Ethiopians use to refer to Kenyans in the borders.

Now the genesis of the troubles is the former clerk Jacob Ngwele challenging his dismissal by County Assembly Service Board and earlier ruling by Labour and Relation Court affirming the same.


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