A Kericho judge who summoned a 100 year old woman and her three sons to court for sentencing to Jail has been taken to Judicial Service Commission.
Gilbert Koech who is the son of the aged woman has filed a complaint at JSC saying the judge was bias and never gave them a chance to be heard.
Judge Oundo summoned Koech mother Peninah Nyambura Too who is 100 years old for sentencing in a land dispute case with their step brother.
In the letter by his lawyer Danstan Omari, Koech says
his mother who is confined to a wheelchair and is sickly has been ordered to appear in court with her three sons to be sentenced for allegedly defying court orders in the succession case.
According to the letter, Peninah was evicted from the disputed land and several applicatinos therafter emerged which led to the impugned ruling that’s set to sent them to jail.
Omari claims that a notice to show cause was issued against Koech and gave out an elaborate explanation to court that he was not in possession of the land as he had been evicted.
However the court allegedly proceeded to hold that he was in contempt of court orders and issued directions that they together with their aged mother appear in court for sentencing.
“Gilbert’s family were never given an opportunity to be heard thus gtye judge’s order violated the most basic tenets of natural justice and right to a fair trial,” Omari argues.
He further argues that the judge displayed lack of impartiality making comments that questioned the aunthenticty of the orders which had been made by her sister justice Asenath Ongeri in another case.
Omari says the judge gave evidence even where none had been adduced by the applicant notably the judge refrenced a finding in the high court.
The Koech family now wants JSC to urgently call the file for review o mitigate the imminent apprehension of the arrest and initiate a throurough investigation into the conduct of Justice Oundo in this matter.
Koech argues that the judge’s conduct allowed the court to be exploited as a means to settle personal scores between him and his step brother Wilson Koech.
