Rights Group flags concerns to CJ Koome over 4 Milimani court magistrates’ transfers

Sheria Mtaani founder Shadrack Wambui [SHERIA MTAANI/FB]

A rights group has written to Chief Justice Martha Koome raising concerns over the transfer of four magistrates from the Milimani Law Courts’ Criminal Division.

In a letter dated January 22, 2026, Sheria Mtaani, through its founder Shadrack Wambui, expressed that the directive accompanying the transfers could potentially disrupt ongoing criminal proceedings and affect the administration of justice.

The group noted apprehension over a recent administrative directive requiring the transferred magistrates to immediately hand over all files they were handling, irrespective of the stage of the proceedings.

The four magistrates affected by the transfers include Senior Principal Magistrate Robinson Ondieki, Chief Magistrate Dolphina Alego, Erick Wambo, and Ben Mark Ekhubi.

The organisation highlighted that the directive applies uniformly to cases at first mention, mid-trial, or even at the final stage, where judgments had been reserved.

Sheria Mtaani cautioned that such a blanket approach could lead to delays, duplication of proceedings, and possible disadvantage to individuals involved, particularly in matters that have been ongoing for extended periods.

“Individuals who had an expectation that their cases would be concluded expeditiously by the judicial officers who heard the proceedings are now exposed to the possibility of rehearing, further adjournments, and extended timelines,” the group noted.

It further cited Section 200 of the Criminal Procedure Code, which allows for succession of judicial officers but recognises the vulnerability of ongoing proceedings to disruption, emphasising the need for fairness and continuity.

Beyond the impact on individual matters, Sheria Mtaani raised institutional concerns, noting that the remaining magistrates in the Criminal Division would have to manage a substantial volume of partly-heard and mature cases in addition to their existing dockets.

This, the group indicated, could “effectively double their workload” and exacerbate delays across the division, affecting individuals involved, witnesses, lawyers, and the courts themselves.

The letter urges Chief Justice Koome to reconsider the directive, proposing a measured approach that would allow transferred magistrates, where practicable, to conclude matters they had substantially heard or in which judgments had been reserved before fully disengaging.

Sheria Mtaani argued that such an approach would better align with the interests of justice, judicial efficiency, and fairness to all parties, while still respecting the integrity of the administrative transfer process.

The rights group emphasised that the concerns were shared widely among advocates practising in the Milimani courts, who have signed a supporting memorandum advocating for a differentiated and practical approach to the implementation of the transfer directive.

The organisation concluded by affirming its commitment to the judiciary, stating that the communication was made in good faith, with the aim of promoting fair, efficient, and principled administration of justice.