Former LSK President Nelson Havi on Sunday petitioned Chief Justice Martha Koome to act against three Maua Law Courts magistrates for alleged misconduct and insubordination that he says have undermined the authority of their Chief Magistrate and compromised justice delivery.
In a detailed letter addressed to the Chief Justice and copied to the Secretary of the Judicial Service Commission (JSC), Havi claimed that the Chief Magistrate’s Court at Maua is on the verge of collapse due to internal wrangles, defiance, and personal conflicts among judicial officers.
He accused Honourables Damacline Bosibori, Elizabeth Chesoni, and Ken Muchiri of undermining the authority of Chief Magistrate Felix Kombo, leading to a breakdown of the chain of command and loss of judicial decorum.
Havi said the situation escalated after Ken Muchiri allegedly issued six pages of directions in a case, ELC No. E023 of 2022, Francis Kithuri M’uthari v Joseph Kirimi M’mirianga, that contained “unwarranted and denigrating comments” against his superior, Chief Magistrate Kombo.
“As Chief Magistrate, Kombo was within his powers to assign the case to Hon. Muchiri.It is gross misconduct for Muchiri to use court proceedings to insult his superior,” Havi wrote.
He further claimed that Muchiri’s alleged behavior amounted to insubordination and dereliction of duty, calling for his immediate suspension and initiation of disciplinary proceedings.
Havi described the conduct of the magistrate as “abhorrent, petulant, and an embarrassment to the judicial process,” saying it had brought the court’s integrity into disrepute.
The petition also outlines multiple accusations against Damacline Bosibori, including rudeness towards advocates, refusal to sign orders issued by other courts, careless issuance of warrants, and harassment of litigants and police officers.
Havi said Bosibori had also restricted the approval of bonds to Fridays only, an action he described as a violation of constitutional rights of accused persons.
“She has consistently exhibited conduct contrary to the Judicial Code of Conduct, creating an environment of hostility and intimidation in open court,” the letter states.
Similarly, Elizabeth Chesoni of Court 5 was accused of integrity issues, late commencement of court sessions, and issuing controversial rulings.
According to Havi, Chesoni has “overstayed at the station and lost public confidence”, citing one case where a murder suspect was released on a cash bail of Sh20,000 despite police objections, a ruling that later drew national attention.
Havi’s petition urged Chief Justice Koome and the Judicial Service Commission to urgently investigate and take action against the three magistrates, warning that continued inaction risked “embarrassing the judicial process” and eroding public confidence in the courts.
He said practitioners and staff at the Maua Law Courts had reached out to him seeking help to avert what they termed a “crisis of leadership” and “institutional breakdown.”
“The integrity of the judicial process is compromised and litigants continue suffering because of the ego problem of certain officers,” Havi emphasized.
The petition comes amid growing scrutiny of judicial accountability and the conduct of officers within lower courts.
