Some very strange developments in the Kisii County Deputy Governor case. Who is controlling and influencing decisions by the Judiciary?
Analysis in my next few posts!
Analysis in my next few posts!
The decision to remove Monda was reached by a Senate vote that upheld four charges brought against him by the Kisii County Assembly.
Monda was accused of gross violation of the Constitution and law, abuse of office, gross misconduct and offenses under national law.
He was declared guilty of all four charges.
Monda was accused of soliciting Ksh. 800,000 from a local to secure a job for his son and even intimidated the family which went into hiding when they complained.
County Assembly members accused him of violating the Integrity Act of 2012 among other violations.
On the 15th of March 2024, after two days of hearing the matter of the impeachment of the Deputy Governor of Kisii, Dr. Richard Monda, the Senate upheld the decision of the County Assembly of Kisii to impeach him in four counts, which was well articulated by the Assembly lawyers.
For those who are familiar with the details of this case, it may seem redundant to discuss the Senate proceedings and Dr. Monda's ousting, given that this information is already widely disseminated and familiar to many.
However, the purpose of our discourse is to unequivocally establish that at by this time Senate's decision meant that Dr. Monda ceased being Deputy Governor of Kisii County.
As a result, Governor Simba Arati was left with two options: he could either nominate a new candidate for the position and have the Assembly either approve or reject the nomination.
Alternatively, he could let the position remain vacant.
The Governor chose the former and submitted the name of Deputy Governor Governor for ratification and Assembly ultimately approved his nomination.
However, this decision was far from the end of the story.
The appointment of Deputy Governor set the stage for a contentious political battle that has dragged top state officials, including a Principal Secretary and senior judge who seem hell-bent on keeping Monda in power at all costs, even if it means subverting the rule of law.
More in Part 2...
Monda was accused of gross violation of the Constitution and law, abuse of office, gross misconduct and offenses under national law.
He was declared guilty of all four charges.
Monda was accused of soliciting Ksh. 800,000 from a local to secure a job for his son and even intimidated the family which went into hiding when they complained.
County Assembly members accused him of violating the Integrity Act of 2012 among other violations.
On the 15th of March 2024, after two days of hearing the matter of the impeachment of the Deputy Governor of Kisii, Dr. Richard Monda, the Senate upheld the decision of the County Assembly of Kisii to impeach him in four counts, which was well articulated by the Assembly lawyers.
For those who are familiar with the details of this case, it may seem redundant to discuss the Senate proceedings and Dr. Monda's ousting, given that this information is already widely disseminated and familiar to many.
However, the purpose of our discourse is to unequivocally establish that at by this time Senate's decision meant that Dr. Monda ceased being Deputy Governor of Kisii County.
As a result, Governor Simba Arati was left with two options: he could either nominate a new candidate for the position and have the Assembly either approve or reject the nomination.
Alternatively, he could let the position remain vacant.
The Governor chose the former and submitted the name of Deputy Governor Governor for ratification and Assembly ultimately approved his nomination.
However, this decision was far from the end of the story.
The appointment of Deputy Governor set the stage for a contentious political battle that has dragged top state officials, including a Principal Secretary and senior judge who seem hell-bent on keeping Monda in power at all costs, even if it means subverting the rule of law.
More in Part 2...
PART 1: Gov't and Judiciary Cartels Take Over Kisii County Deputy Governor Case
Many thought that protracted power struggles that threatened to paralyze administrative activities in Kisii county came to an end when Monda was ousted from office through impeachment.
Many thought that protracted power struggles that threatened to paralyze administrative activities in Kisii county came to an end when Monda was ousted from office through impeachment.
PART 2: How Strange Petitioner Was Used To Derail Kisii Deputy Governor Swearing In
Just after the County Assembly approved Governor Simba Arati's nomination of Elijah Obebo as the next Deputy Governor, a resident of Kisii County, Mr. Jared Mairura Ratemo, acting on behalf of powerful state cartels, moved to the High Court to challenge the Senate's decision to impeach Dr. Monda.
Just after the County Assembly approved Governor Simba Arati's nomination of Elijah Obebo as the next Deputy Governor, a resident of Kisii County, Mr. Jared Mairura Ratemo, acting on behalf of powerful state cartels, moved to the High Court to challenge the Senate's decision to impeach Dr. Monda.
The first time the case went to Kisii law courts, where conservatory orders were denied.
On the second attempt, they tried to get it filed in a Nairobi court, but their mission failed.
The petitioner and his financiers then desperately rushed to to file in the High Court in Machakos town by his lawyer from the Kariuki-Owesi Law Advocates.
Interestingly, the presiding Judge in Machakos made his reservations on the matter on the grounds that he had no jurisdiction to listen to the case since it belonged to a different jurisdiction (Kisii).
He then referred the matter to the Principal Judge of the High Court Mr. Justice Eric Kennedy Okumu Ogola (more about him in PART 3) for further directions.
Justice Ogola sitting at the Milimani Law Courts issued orders barring the Governor of Kisii and the County Assembly of Kisii from continuing with the process of replacing Dr. Monda until the matter is heard and determined.
However, on March 28th, 2024, the petitioner, Mr. Ratemo, decided to withdraw the matter, this time using lawyers from Munyao Muli and Company Advocates after terminating the services of Kariuki-Owesi Law Advocates.
Munyao Muli and Company Advocates presented the petitioner's prayers before Justice Ogola, who, after listening to them, agreed with his (Ratemo's) decision to withdraw the matter.
Justice Ogola even went ahead (as is the practice) to post the ruling on his portal.
This left the Governor with the choice of having his new deputy appointed and preparations for the Swearing-in ceremony began in earnest but the events that unfolded after this were nothing short of astonishing.
Just when the residents of Kisii thought they could finally breathe a sigh of relief after a tumultuous few months plagued by Mr. Monda's greed and thirst for power, state cartels had other plans in store.
More in Part 3.
On the second attempt, they tried to get it filed in a Nairobi court, but their mission failed.
The petitioner and his financiers then desperately rushed to to file in the High Court in Machakos town by his lawyer from the Kariuki-Owesi Law Advocates.
Interestingly, the presiding Judge in Machakos made his reservations on the matter on the grounds that he had no jurisdiction to listen to the case since it belonged to a different jurisdiction (Kisii).
He then referred the matter to the Principal Judge of the High Court Mr. Justice Eric Kennedy Okumu Ogola (more about him in PART 3) for further directions.
Justice Ogola sitting at the Milimani Law Courts issued orders barring the Governor of Kisii and the County Assembly of Kisii from continuing with the process of replacing Dr. Monda until the matter is heard and determined.
However, on March 28th, 2024, the petitioner, Mr. Ratemo, decided to withdraw the matter, this time using lawyers from Munyao Muli and Company Advocates after terminating the services of Kariuki-Owesi Law Advocates.
Munyao Muli and Company Advocates presented the petitioner's prayers before Justice Ogola, who, after listening to them, agreed with his (Ratemo's) decision to withdraw the matter.
Justice Ogola even went ahead (as is the practice) to post the ruling on his portal.
This left the Governor with the choice of having his new deputy appointed and preparations for the Swearing-in ceremony began in earnest but the events that unfolded after this were nothing short of astonishing.
Just when the residents of Kisii thought they could finally breathe a sigh of relief after a tumultuous few months plagued by Mr. Monda's greed and thirst for power, state cartels had other plans in store.
More in Part 3.
Part 3: An Impeached Deputy Governor, A Corrupt Principal Secretary and A Crooked Judge Walk Into Bar - How PS Raymond Omollo Is Meddling In Kisii County Affairs
Last Week Thursday, as the County Government of Kisii sought to have a Judge of the High Court preside over the swearing-in ceremony of Elijah Obebo as the next Deputy Governor, an injunction was sought in the High Court before Justice Ogola on a certificate of urgency to stop the swearing-in.
Surprisingly, this time around, Justice Ogola, who had previously ruled that the matter had been withdrawn and the case terminated, ruled again that the matter should be mentioned on the 21st of April.
As expected, the petitioner's legal team strongly questioned why he went against his earlier ruling and even pulled down the same ruling from the portal to make another ruling!
But he remained adamant and directed that the matter should be heard on the 12 of April 2024, in Nyamira Law Courts and not Kisii.
He further directed that all the files on the matter be transferred from Kisii to Nyamira law courts.
So how on earth did this happen? Why did Justice Ogola suddenly turn back on his earlier decision?
It's a tale as old as time - the unfortunate reality of our justice system where legal favors are only granted to those who can afford to grease the wheels of corrupt judicial officers.
It's no secret that a brown envelope can go a long way in securing a favorable ruling, especially if it's coming from a politician.
This is a narrative that has been playing out in the Kenyan political scene for far too long. As the now popular street phrase goes, 'Hakuna Mkate Ngumu Mbele Ya Chai,' and in this case, Mr. Monda knew just where to dip his crusty bread.
All he needed was a little help from the top powers that be to persuade Justice Ogola to 'see things the right way' and help out a desperate man.
Lucky for him, one man known to have a natural aversion towards Governor Simba Arati and other 'stubborn' opposition figures who refuse to bow down to the State was prepared to assist him.
It is worth noting that past attempts to destabilize Arati through similar means have not yielded the desired results, as seen in the failed antics of South Mugirango MP Sylvanus Osoro.
According to revelations made in part of a requisition filed by a section of advocates from Kisii County to the Judicial Service Commission (JSC), Mr Monda reached out to his contacts with deep links to the house on the hill, who eventually led him to the Principal Secretary for Interior and Coordination of National Government, Dr. Raymond Omolo, who is a long-time buddy and close-knit confidant of Justice Ogola and is said to be taking instructions from him.
The group of lawyers have accused Mr Ogola of professional misconduct which in Kenyan law leads to various forms of punishment including suspension from practice and compensation to the aggrieved person.
Trusted sources have also intimated that PS Omolo is determined to prolong the matter as long as he can and has been overheard saying that Dr. Monda will remain as Deputy Governor irrespective of what the Senate resolved.
Where is the independence of the Judiciary?
Is this not the state capture that President Ruto campaigned against during the 2022 campaigns!
On his part, the ousted Deputy Governor keeps bragging how he has the backing of top government officials.
Now the public knows who is influencing Justice Ogola to make those outrageous decisions.
This is a clear indication that the independence of the judiciary is being compromised for the benefit of a few.
What is even more disturbing is the fact that Justice Ogola has refused to end the case and wants to extend the orders barring the swearing-in of the new Kisii Deputy Governor.
This is a serious matter and CJ Martha Koome should come out and say what is happening to the Judiciary.
Who is controlling our court system?
Surprisingly, this time around, Justice Ogola, who had previously ruled that the matter had been withdrawn and the case terminated, ruled again that the matter should be mentioned on the 21st of April.
As expected, the petitioner's legal team strongly questioned why he went against his earlier ruling and even pulled down the same ruling from the portal to make another ruling!
But he remained adamant and directed that the matter should be heard on the 12 of April 2024, in Nyamira Law Courts and not Kisii.
He further directed that all the files on the matter be transferred from Kisii to Nyamira law courts.
So how on earth did this happen? Why did Justice Ogola suddenly turn back on his earlier decision?
It's a tale as old as time - the unfortunate reality of our justice system where legal favors are only granted to those who can afford to grease the wheels of corrupt judicial officers.
It's no secret that a brown envelope can go a long way in securing a favorable ruling, especially if it's coming from a politician.
This is a narrative that has been playing out in the Kenyan political scene for far too long. As the now popular street phrase goes, 'Hakuna Mkate Ngumu Mbele Ya Chai,' and in this case, Mr. Monda knew just where to dip his crusty bread.
All he needed was a little help from the top powers that be to persuade Justice Ogola to 'see things the right way' and help out a desperate man.
Lucky for him, one man known to have a natural aversion towards Governor Simba Arati and other 'stubborn' opposition figures who refuse to bow down to the State was prepared to assist him.
It is worth noting that past attempts to destabilize Arati through similar means have not yielded the desired results, as seen in the failed antics of South Mugirango MP Sylvanus Osoro.
According to revelations made in part of a requisition filed by a section of advocates from Kisii County to the Judicial Service Commission (JSC), Mr Monda reached out to his contacts with deep links to the house on the hill, who eventually led him to the Principal Secretary for Interior and Coordination of National Government, Dr. Raymond Omolo, who is a long-time buddy and close-knit confidant of Justice Ogola and is said to be taking instructions from him.
The group of lawyers have accused Mr Ogola of professional misconduct which in Kenyan law leads to various forms of punishment including suspension from practice and compensation to the aggrieved person.
Trusted sources have also intimated that PS Omolo is determined to prolong the matter as long as he can and has been overheard saying that Dr. Monda will remain as Deputy Governor irrespective of what the Senate resolved.
Where is the independence of the Judiciary?
Is this not the state capture that President Ruto campaigned against during the 2022 campaigns!
On his part, the ousted Deputy Governor keeps bragging how he has the backing of top government officials.
Now the public knows who is influencing Justice Ogola to make those outrageous decisions.
This is a clear indication that the independence of the judiciary is being compromised for the benefit of a few.
What is even more disturbing is the fact that Justice Ogola has refused to end the case and wants to extend the orders barring the swearing-in of the new Kisii Deputy Governor.
This is a serious matter and CJ Martha Koome should come out and say what is happening to the Judiciary.
Who is controlling our court system?
A good friend is looking for any relatives of policemen who have died of suicide within the last year for a story he is working on about "mental health within the police service". Please Reach me here or on WhatsApp (0710280973) with an active number you can be called with. RT
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