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Commissioners of the Judicial Service Commission (JSC) led by Chairperson Chief Justice Martha Koome (Centre) at a past event. Judge Anthony Ombwayo (inset) has sued JSC over a land case.
A former Nakuru High Court judge is embroiled in a bitter court battle with a businessman, over the handling of a 50-acre land dispute between him and former President Daniel arap Moi's long-time aide, Joshua Kulei.
The court battle between Justice Anthony Ombwayo of the Lands and Environment Court and businessman Juma Okumu, has also sucked in the Judicial Service Commission (JSC), the employer and body mandated to handle complaints against judges.
Mr Okumu, in his push for the removal of the judge from office, lodged a complaint with JSC over Justice Ombwayo’s handling of two cases involving him and another person, against Mr Kulei, over a 50-acre parcel of land in the posh Ngata estate in Nakuru.
Former President Moi’s aide Joshua Kulei.
The judge last month sued the Judicial Service Commission at the Employment and Labour Relations Court, to stop the hearing of the complaint against him.
Justice Ombwayo, who is currently stationed at the Mombasa Law Courts, has accused the JSC of maliciously colluding with a party in a case he previously handled, to frustrate him.
Meanwhile, the Employment and Labour Relations Court has barred JSC from hearing the complaint lodged against the judge by Mr Okumu.
The court made the ruling on February 19.
“Pending the hearing of the matter, the court is pleased to issue conservatory orders restraining JSC from hearing the complaint against the judge,” ruled the Employment and Labour Relations Court.
Justice Ombwayo, in his petition, has accused the JSC of what he terms as harassment and interference with his decisional independence. He claims the commission has failed to protect him and instead sided with one of the parties aggrieved by a decision he made and wants to subject him to a trial process that could lead to his removal.
According to the judge, his tribulations stem from his handling of two cases involving Mr Kulei and two other parties over a 50-acre parcel of land known as LR No 13287/99 situated at the posh Ngata estate, in which he declined an application to recuse himself from the matter.
Application dismissed
Mr Okumu in his application filed on March 12, 2025, sought prayers, including stay of proceedings, recusal of the judge and transfer of the file to another judge as well as his enjoinment in one of the cases as an interested party.
Justice Ombwayo, in his ruling dated July 2024, dismissed the application on grounds that the applicant had failed to demonstrate alleged bias or breach of integrity that would necessitate him to opt out of the case.
The ruling gave way for Justice Ombwayo to deliver his ruling on the dispute between Patrick Wakanda and Omar Mohamed Omar who had sued Mr Kulei and his Company Sian Enterprises, Nakuru Chief Land Registrar and the Agricultural Development Cooperation, over the ownership of the parcel of land in Nakuru.
In the case, the two individuals were battling Mr Kulei and the Sian Entreprises for the ownership of a parcel registered as Land Reference Number 13287/99 purported to be a public property. Mr Kulei is the chairman of Sian Enterprises.
Mr Omar and Mr Wakanda claimed to have been allotted the parcel by the Agricultural Development Corporation (ADC), following an application and upon compliance with the conditions contained in the letter of offer.
Mr Omar who appeared in court said he first applied for the land on October 8, 1995, together with Mr Wakanda and was issued with the title deed in 1996.
Mr Kulei on the other hand, claimed to have acquired the land from the late Cabinet Secretary Joseph Nkaissery, who acquired it from the ADC in the same year for a consideration of Sh60,015 .63.
The court heard that Sian Enterprises agreed to buy the property for Sh5.5 million in March 1998, which was paid in two installments on March 23, 1998, and July 23, 1998.
Mr Kulei, however, claimed to have learnt with shock that he had been dispossessed of the land on January 19, 2024, when a fence around it was removed and a temporary house constructed.
In August last year, Justice Ombwayo proceeded to deliver his judgement declaring Mr Joshua Kulei's Sian Enterprises the genuine owner of the land. He issued orders directing Mr Wakanda and Omar to vacate the parcel and permanently restrained them from entering the land.
He also ordered the Chief Lands Registrar to cancel any titles or documents for land ownership in respect to the parcel of land.
On Monday, the Employment and Labour Relations Court referred the matter to the Chief Justice to constitute a three-judge bench to hear it.
“The application raises complex and weighty issues of law that requires the empanelment of a bench of judges, to hear and render its judgement thereon. I therefore refer this matter to Chief Justice Martha Koome to constitute a three-judge bench to hear it,” stated Lady Justice Jemimah Wanza in her ruling.
This came after Justice Ombwayo, through his lawyer Neville Omollo applied to have the matter heard by more than one judge, since it touches on serious issues of public interest and the constitution.
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