Dolphina Atieno Kayila and Beatrice Nyambune Misiria were among 45 magistrates from Western and Rift Valley who were evaluated by the Judges and Magistrates Vetting Board in January and February.
Ms Kayila was the chief magistrate at the Eldoret Law Courts while Ms Misiria was senior principal magistrate at the same station.
Two magistrates based at the Eldoret Law Courts have been sacked after they were found unsuitable to serve in the Judiciary.
The two were among 45 magistrates from Western and Rift Valley who were evaluated by the Judges and Magistrates Vetting Board in January and February.
The board’s chairperson, Sharad Rao, announced the sacking of Dolphina Atieno Kayila and Beatrice Nyambune Misiria in Mombasa on Tuesday.
Ms Kayila was the chief magistrate at the Eldoret Law Courts while Ms Misiria was senior principal magistrate at the same station.
Mr Rao said Ms Kayila had delivered a contradictory ruling in a land case in which she dismissed the case for non-attendance and at the same time marked the matter as deferred for a future sitting and ordered the plaintiff to pay court adjournment fees.
The complainant appeared before the board and stated that the plaintiff was her sister and that she was present in court on the material date and advised the court that her sister was unwell and had sought an adjournment.
However, the magistrate went ahead to make the strange dual contradictory orders, both dismissing the suit and marking it as adjourned.
In her defence, Ms Kayila told the board that the complainant was not a party to the suit and her claims were baseless, adding that she had later set aside the dismissal order and reinstated the case.
But the board said that her explanation over the contradictory orders were not clear.
“The magistrate showed no understanding of the ramifications of her action and no signs of remorse. There is a lack of awareness and understanding of the effects of her actions as a judicial officer on the citizenry. A judicial officer is expected to exercise diligence and exhibit greater competence than has been demonstrated,” said Mr Rao.
Ms Kayila was also found to have used abusive language towards suspects in a criminal case and although she denied it, the board stated that it found the complainant was a honest and credible witness.
In Ms Misiria’s case, the board found she had unprocedurally reopened a case scheduled for judgment and allowed a minor to testify without allowing the defendant to rebut the minor’s allegation.
The board indicated that on December 9, 2005 she was found in her chambers with the plaintiff discussing the case, who thereafter bragged that the magistrate would deliver judgment in his favour and award him damages in excess of Sh150,000.
The magistrate awarded the plaintiff damages in the sum of Sh180,000 without any valid reasons. The board found that the magistrate did not cite the reasons or cases to support the award of general damages,” said Mr Rao.
However, the board found 43 magistrates vetted during the Kisumu vetting as suitable to continue serving in the Judiciary.
Meanwhile the board started vetting of 19 magistrates from the six Coastal counties.
Principal magistrate Odera Teresia Achieng who moved to Mavoko Laws Courts was the first to be vetted in camera.
Justice Rao said the vetting will continue until end of the week before moving to other counties.
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