Mathe Wa Ngara who was charged last month for drug trafficking has now written a complaint to the Judicial Service Commission (JSC) against the JKIA magistrate who handled her case.
Nancy Kigunzu alias Mathe Wa Ngara and her son who she claims is a minor have jointly written to the JSC complaining against the conduct of the magistrate.
Last month, the court declined to grant bond terms to both mother and son ruling that they have flight risks due to the nature of the offence but she granted the third accused Teresia Wanjiku bail.
Through lawyer Danstan Omari, Mathe has told he commission that Magistrate Njeri Thuku was aware of her health and old age but ignored that and went ahead to release Wanjiku her co-accused on the same grounds.
In the letter, Omari says that the magistrate a probation report to be made on Wanjiku after granting her Sh 50,000 bail which is not the norm.
“This act and grievous miscarriage of procedural justice is why our clients wish to demonstrate to the commission of the lack of impartiality and incompetence by the accused magistrate” the complaint reads.
Mathe has also raised concern on how the magistrate handled the issue of her underage son by treating him as an adult when he was a minor.
They have attached a birth certificate stating that the boy was born in 2006 making him 17 years and not 19 as the age assessment report states.
Omari says the age assessment report relied on by the magistrate was flawed thus should not have been used to ascertain the minor’s age.
“Noteworthy, on the face of the impugned age assessment done, it depicts contradictory information whereas the age indication is both 17 and 19 years and the magistrate failed to question this,” the letter reads.
The letter further says it’s a miscarriage of justice that Mathe’s son who is 17 years is being held at Industrial Area prison which is a facility designed for adult inmates.
