The Judiciary is investigating a case in which a magistrate in Bondo, Siaya County gave two conflicting judgements on the same matter in a span of two weeks.
Senior Principal Magistrate John Paul Nandi from Bondo Law Courts issued a judgement in favor of a widow in a land dispute, which was uploaded on the judiciary portal.
However, two weeks later- the judgement was deleted and a different one uploaded, giving a different decision altogether indicating that the widow had lost the suit.
The confusion which sparked widespread uproar has left the widow Sabina Akinyi Masogo and the family, distraught and on the brink of losing a prime property she inherited after the death of her husband in 2016.
In a statement on Friday, the Directorate of Public Affairs and Communication in the Judiciary said that the matter raises serious concerns touching on the judiciary’s core mandate of fair administration of justice.
The Directorate further said that investigations on the matter had commenced, with the preliminary findings establishing concerns.
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“The Judiciary promptly commissioned preliminary examinations including review of the two alleged contradictory judgments; inspection of the Judiciary’s Case Tracking System portal where judgments and rulings are uploaded, among other inquiries,” read part of the statement.
“The outcome of these preliminary probes has revealed need for further detailed investigations and processes, which are underway. The Judiciary reiterates its commitment to upholding the Constitution and the rule of law.”
Conflicting Rulings by Bondo magistrate in Land Case
The response by the Judiciary comes after Akinyi earlier this week expressed how she was dejected and confused after an initial judgement on a case pitting her against her in-law was changed.
The 50-year-old widow said that the in-law fraudulently took the title deed for the said land parcel, which she claims is the only inheritance left to her to raise the children and transferred it irregularly.
“My in-law duped my husband and acquired the land title and changed it from my late husband’s name to his,” lamented the widow.
In the first judgment which was delivered on June 26, at 9:50 am at the Bondo law courts, the decision was in favor of the widow directing the sub-county land registrar to make necessary changes in the documents.
“This court is satisfied that the certificate of title held by the first defendant in respect to the parcel of South Sakwa/Barkowino/2805 was procured through fraud and as such it is impeachable and ought to be cancelled, Further, this court has hold and found that the deceased Domnic Masogo Umaya is the legal owner of the suit property and it is only fair that the register be rectified to cure the fraud perpetrated by the first defendant and return the suit property to the rightful owner whose ownership has not been disputed,” read part of the judgment.
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In the charge sheet of the case, Joseph Agola Adundo (the in-law of the plaintiff) and Bondo District Land Registrar are listed as first and second respondents respectively.
Senior principal Magistrate John Paul Nandi further directed the necessary actions to be taken to return the parcel back to the plaintiff.
Second Ruling
However, things, turned upside down after two weeks when the advocate representing plaintiff Ruth Otieno issued a decree to effect the transfer back to the original owner.
She wrote a decree two weeks after the judgement was issued.
In the second judgement, the Magistrate claimed that the case filed by the plaintiff was untenable and went ahead to dismiss the case.
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