A local rights organisation has raised alarm over the transfer of four magistrates from the Criminal Division at Milimani Law Courts, cautioning that the move may interrupt ongoing criminal trials and disrupt court operations.
In a letter dated January 22, 2026, Sheria Mtaani, represented by founder Shadrack Wambui, said the transfers, accompanied by a directive for immediate handover of files, could undermine the smooth handling of cases already in progress.
The directive, the group said, requires magistrates to surrender all their cases without regard to the stage of the proceedings, whether at first mention, mid-trial, or where judgments have been reserved.
Those affected by the transfers include Senior Principal Magistrate Robinson Ondieki, Chief Magistrate Dolphina Alego, Erick Wambo, and Ben Mark Ekhubi.
Sheria Mtaani warned that such a strict approach could lead to delays, repeated hearings, and possible disadvantages for parties involved, particularly in matters that have been under consideration for long periods.
“Individuals who had an expectation that their cases would be concluded expeditiously by the judicial officers who heard the proceedings are now exposed to the possibility of rehearing, further adjournments, and extended timelines,” the group said.
The organisation highlighted Section 200 of the Criminal Procedure Code, which allows for the replacement of judicial officers but recognises the sensitivity of ongoing proceedings and the need for continuity and fairness.
The group also pointed out that the remaining magistrates in the Criminal Division will have to handle a substantial number of partially heard and mature cases in addition to their existing dockets.
This, they said, could “effectively double their workload” and further strain the courts, affecting accused persons, witnesses, lawyers, and the judicial system.
Sheria Mtaani urged Chief Justice Koome to consider a more flexible approach that would allow magistrates to complete cases they had substantially managed or where judgments were reserved before stepping down.
The rights group said adopting this approach would better serve justice, maintain efficiency, and ensure fairness, while still respecting the administrative transfer process.
It added that these concerns reflect a wider sentiment among advocates practising at Milimani courts, who have signed a memorandum backing a practical and differentiated handling of transfers.
The organisation concluded by reaffirming its commitment to the judiciary, stating that the letter was submitted in good faith to support a fair, efficient, and principled administration of justice.
