Magistrate didn’t use his salary for 2 years

Judges and Magistrates Vetting Board chairman Sharad Rao addresses journalists at Imperial Hotel in Kisumu on September 8, 2015. The board sacked eight magistrates. PHOTO | TONNY OMONDI | NATION MEDIA GROUP

What you need to know:

  • In his explanation to the Judges and Magistrates Vetting Board, he said he and his family used his wife’s earnings from business, about Sh15,000 monthly, to survive during the period.
  • Mr Mogute, who was then serving in Marsabit, was among eight magistrates sent packing for what the board said was financial impropriety and poor writing skills.
  • The others sacked magistrates are Mr Ben Mwai Mararo (Kyuso), Mr Thomas Nzioki Thyaka (Lodwar), Mr Bernard James Ndeda (Thika), Mr Philip Wambua Mutua (Narok), Ms Grace Ayuma M’mmasi (Vihiga), Ms Stella Bonareri Atambo (Narok) and Mr Tito Maoga Gesora (Machakos).

Bungoma magistrate Stephen Onsiero Mogute did not withdraw a single cent from his salary account between January 2007 and December 2008.

In his explanation to the Judges and Magistrates Vetting Board, he said he and his family used his wife’s business earnings, about Sh15,000 monthly, to live on during the period.

Between February 3, 2009 and May 26, 2010, the magistrate withdrew only Sh60,000.

“That the magistrate did not withdraw a cent from his account between January 2007 and December 2008 does not add up.

“The board also finds that his explanation of surviving on his wife’s earnings does not hold water,” vetting board chairman Sharad Rao said of the magistrate yesterday, before dismissing him from the Judiciary.

Mr Mogute, who was then serving in Marsabit, was among eight magistrates sent packing for what the board said was financial impropriety and poor writing skills.

POOR WRITING SKILLS

Mr Rao was releasing the results of the vetting of 36 magistrates in the eastern and northern Rift Valley regions over the last two months.

The other sacked magistrates are Mr Ben Mwai Mararo (Kyuso); Mr Thomas Nzioki Thyaka (Lodwar); Mr Bernard James Ndeda (Thika); Mr Philip Wambua Mutua (Narok); Ms Grace Ayuma M’mmasi (Vihiga); Ms Stella Bonareri Atambo (Narok); and Mr Tito Maoga Gesora (Machakos).

The board said some of them had failed to interpret the law and that their writing skills were wanting.

“The board has taken a zero tolerance (approach) to any financial impropriety in the Judiciary,” Mr Rao told journalists in Kisumu yesterday.

The board is in Kisumu to vet 16 magistrates above the rank of principal magistrate. Ms Atambo was dismissed for failing to report to the Judicial Service Commission an attempt by a court clerk to bribe her.

Mr Mararo and Mr Gesora were declared unfit to serve in the Judiciary for continuing to run a law firm after they had been admitted to the Bench.

“The magistrate, when asked to forward wealth declaration forms for the year 2008, simply crossed out the date on the form earlier presented for the year 2009 and altered it to read 2008.

'LACK OF DILIGENCE'

“The board finds such conduct improper, dishonest and unbecoming of a judicial officer,” Mr Rao said of Mr Mararo.

According to the board, Mr Nzioki, who was in Lodwar, illegally withdrew court money for his own use, while Ms M’mmasi is said to have feigned ignorance of a bribery complaint against her before the Judicial Service Commission, during a promotion interview.

“The magistrate’s inability to recall the details of a complaint that led to the deferment of her promotion for over two years cannot be believed.”

Mr Ndeda is accused of demanding a Sh50,000 bribe through a lawyer. The board was not satisfied with his explanation.

The vetting team said Mr Mogute twice released a suspect on the premise that the charge sheet was defective, but the board felt he should have advised the prosecutor to amend it early in the case.

“The board notes that in both cases, the magistrate points out the issue of defect in the charge at the close of the case. This is either negligence or lack of diligence.”