Lawyer writes to CJ Martha Koome, accuses Mombasa judge of bias against MP Aisha Jumwa in graft case

Danstan Omari, the lawyer representing Malindi MP Aisha Jumwa has written a complaint letter to the Judicial Service Commission to investigate the conduct of Mombasa Chief Magistrate Hon Edna Nyaloti over the handling of the corruption case against the MP and 7 others.

Through a letter dated August 10, 2021 and addressed to the JSC chair, Chief Justice Martha Koome, the lawyer wants the JSC to investigate the magistrate over what he termed as biasness against his client.

Omari claims that after being ambushed by the state counsel with a fresh charge sheet, they requested the court for adjournment to prepare the accused persons so as to inform them on the impact of the amended charges but the magistrate only gave them 2 minutes of adjournment. 

“That Hon Nyaloti only allowed us 2 minutes and soon thereafter we returned to court and sought a further adjournment as the amendment of the charge sheet fundamentally changed the case and obviously required the defence to re-strategies and seek further instructions,” the letter read in part.

According to Jumwa’s lawyer, the Magistrate declined a request for adjournment and ordered the matter to proceed notwithstanding the fact that she is on transfer to Nakuru Law Courts.

Omari claims the magistrate issued summons against him and other advocates who were representing Jumwa to appear before her on August 11,2021.

He further claims the magistrate continues to improperly conduct herself while handling the case and acted unfairly by giving the prosecution unfair advantage over the defence in a manner which portrays malice and ill will.