Magistrate Dolphina Alego confronts LSK over alleged neglect of judicial officers

Magistrate Dolphina Alego put Nairobi LSK Chairperson Eric Kivuva and LSK Vice President Mwaura Kabata to task after they appeared in her court to defend an advocate under investigation for alleged land fraud.

She questioned why the Society aggressively intervenes to protect lawyers but rarely comes to the aid of judicial officers when they are attacked or intimidated.

The magistrate observed that some advocates openly intimidate magistrates, who in most cases are unable to defend themselves, yet the LSK remains silent.

She further noted that judges and magistrates are frequently subjected to attacks on social media without any action being taken, despite the LSK’s mandate to safeguard the interests of all its members.

The remarks arose during proceedings in which the LSK leadership had come to court to oppose an application by the Directorate of Criminal Investigations (DCI) against advocate Gaylene Makena, who is under investigation over alleged land fraud.

In the application, the DCI sought search warrants to access the lawyer’s premises and those of other suspects, including a lands official.

Investigators also sought authority to seize land registration documents and electronic devices, including mobile phones, laptops, desktop computers, central processing units, printers, scanners, flash drives, compact discs, external drives, papers and other materials believed to be linked to the alleged offences.

The DCI is investigating several offences, including conspiracy to defraud, forgery of stamps, making false documents, obtaining registration by false pretence, uttering forged documents, abuse of office, fraud and breach of trust by persons employed in the public service, and acquisition-related offences under the Penal Code.

Other suspects named in the investigations include Francis Mwangi, Paul Kibisu, Evans Kathuri, Judy Koech, Joseph Kager, Robinson Mbatha, Joel Kakuli, John Mutisya, Beatrice Wanjiku, John Mburu, Antony Ndegwa, Peninah Mwangi and Dan Akama.

After being informed that investigations had been completed, Magistrate Alego subsequently closed the file.