A lobby group has filed a complaint with the Judicial Service Commission (JSC) over the conduct of Environment and Land Court Judge Judith Omange.

In a letter dated April 3, the group, Nairobi Social Justice through its Chair Antony Moses, accuses Justice Omange of misconduct in the ELC case number of 312 of 2009.

They say they have observed anomalies over how the judge has been conducting the land case.

“The judge allowed to hear Mr Davis Chelogoi as interested party in ELC 312 of 2009, despite the case already being determined with a judgement in favour of Mr Ashok Shah and Hiten Kumar by judge Komingoi on July 28, 2023”, the letter reads in part.

Judge Komingoi had ruled against enjoining Chelogoi as an interested party due to his application being time barred with the case being filed in 2009. He noted that Chelogoi had numerous opportunities to apply for rejoinder earlier.

The group says the actions of Judge Omange raises concerns of a potential miscarriage of justice.

They want JSC to conduct thorough investigations into Justice Omange’s conduct, and upon conclusion of investigations appropriate disciplinary measures should be taken and that decision reviewed.

Justice Omange was among the six judges that former President Uhuru Kenyatta had declined to officially appoint after their names had been forwarded to him by JSC. The others were George Odunga, Joel Ngugi, Evans Kiago, Weldon Korir and Aggrey Muchelule.

External influences

They were later appointed by President William Ruto.

The lobby group states there are suspicions of corruption and external influences that may have influenced Justice Omange’s decision which is against the provisions of JSC Act.

“There is a ruling on the same matter expected on April 11,2024 and if the judge will delivers, it might not be fair, the letter further reads.

“Addressing this issue is crucial to ensuring that justice is served fairly and impartially and in accordance with constitutional standards and legal procedures”, Moses says in the letter.

Chelogoi has since denied the charges of defrauding Ashok land valued at Sh1.3 billion. It took a warrant of arrest to arraign Chelogoi, who has previously missed several sessions on grounds that he was hospitalised.

Cash bail

Chelogoi, who is charged alongside a former senior Lands officer Andrew Kirungu, denied eight counts of forgery of a title deed of a parcel of land measuring 7.39 hectares, the property of Ashok Rupshi Shah and Hitenkumar Amritlal Raja.

They are both out on cash bail. Chelogoi has been fighting over the ownership of the land since 2009 but lost the fight when the Environment and Land Court ruled that it was grabbed by late businessman Jacob Juma in 2008.

The court ruled in 2023 that Juma, who died in May 2016, obtained documents to the land fraudulently.

Justice Loise Komingoi then ordered the cancellation of the face documents and directed Juma’s widow –Miriam Wairimu to compensate Shah and Kumar Sh50 million as damages for trespass and for denying the real owners the right to enjoy their property.

Chelogoi later sought to quash the decision arguing that he was condemned unheard but his application to reopen the case was rejected.

He was, however, allowed to join the case to file an appeal.

 Shah and Kumar moved to court in 2009 arguing that Juma fraudulently took over the land, fenced it, and built security houses to deny them access.

The Chelogoi, a former PC, claimed that he was allocated the land by former President Daniel Moi in 1995.

But investigations later revealed that Kirungu assisted Chelogoi procure the registration fraudulently.

Following the decision last year, Ashok says he later discovered that Chelogoi had filed a separate claim over the land using fraudulent documents.

Through his lawyers, Macharia Mwangi & Njeru Advocates, Ashok said he applied for the reconstruction of the records.