More than 20 advocates practicing before the Milimani Criminal Courts have petitioned Chief Justice Martha Koome to review an administrative directive requiring the immediate handover of part-heard and mature criminal matters following the recent transfer of magistrates.
The petitioners argue that the directive, which they say applies uniformly regardless of the stage a case has reached, risks causing major disruption to criminal trials, including delayed justice and possible unfairness to accused persons, victims, and witnesses.
In a letter dated January 22, 2026, Sheria Mtaani na Shadrack Wambui wrote to the Chief Justice seeking reconsideration of the directive on the handover of part-heard and mature criminal matters at Milimani Law Courts, Criminal Division. 
The organization notes that the directive followed the routine reorganization and deployment of judicial officers in which four magistrates of the Milimani Criminal Division; Ondieki, Dolphina Alego, Erick Wambo, and Ben Mark Ekhubi; were transferred to other divisions and/or stations.
According to the petitioners, the instruction required the transferred magistrates to immediately hand over all criminal files and cease handling the matters entirely, even where a trial was substantially heard or a judgment was already pending.
They argue that while the law allows proceedings to continue before a succeeding magistrate under Section 200 of the Criminal Procedure Code, criminal trials are uniquely vulnerable to disruption when taken over midstream.
The advocates warn that the transition can lead to the recall of witnesses, rehearing of evidence, duplication of proceedings, and prolonged delays, potentially exposing accused persons to extended deprivation of liberty and uncertainty.
They further say the interruption of continuity in such cases undermines the constitutional imperative of expeditious and fair trials under Article 50 of the Constitution.
The petition also raises institutional concerns, arguing that requiring remaining magistrates in the Criminal Division to absorb large volumes of partly-heard and mature matters without additional reinforcement effectively expands caseloads beyond reasonable capacity and compounds backlog across the division.
As a remedy, the advocates are urging the Chief Justice to adopt what they describe as a “measured and differentiated approach” to implementing the directive.
They want transferred magistrates, where practicable, to be allowed to conclude matters they had substantially heard or in which judgments are pending, before fully disengaging from those files.
The petitioners say such an approach would preserve judicial economy, continuity, and fairness to all parties while maintaining the integrity of the administrative transfer process.
