JSC told to probe Nairobi Judge's conduct, party seeks her disqualification

NAIROBI: A Labour court judge sitting in Nairobi is facing serious allegations of bias over  a suit pitting Nakuru water firm and one of its former board directors.

Justice Monica Mbaru has been asked to withdraw herself over bias in what lawyer Gordon Ogola termed as 'strange judicial practice' in the suit businessman Geofrey Asanyo sued Nakuru Water Sewerage and Sanitation Company (Nawassco) and its Chairman.

Among the accusations facing the judge in the application filed before her, include an order she made on February 11, demanding a Managing Director to use seven minutes to travel from Nakuru to her court in Nairobi.

The lawyer has also written to the Judicial Service Commission over Justice Mbaru's conduct in the suit demanding immediate investigations into the circumstances surrounding this case.

"The respondents are baffled and shocked by the manner in which this matter has been handled and call for immediate investigations on issues of corruption and bribery, independence, competence, forum shopping and any other debilitating factor," reads part of the letter to JSC dated February 16.

The suit prompting the allegations involve the businessman, who is also the former KANU chairman in Nakuru seeking extension of term as board director for a fourth time at the water firm.

Asanyo's has been a board director representing the business community at Nawassco since 2006 to December 2015 when his term expired.

He successfully challenged against his replacement in 2014 after water management was devolved prompting Nawassco to amend its articles of associations in line with devolution.

Two cases are now pending in Nairobi and Nakuru labour courts. The Nairobi judge has been accused of irregularly attempting to cripple the defendants completely by issuing an order on December 1 stopping all board meetings to date.

"The respondents found the orders crippling, strange and suspicious and instructed its advocates to file an application to challenge the orders as well as the suit," stated Nawassco MD, James Ng'ang'a in his affidavit.

Mr Ogola argued that Justice Mbaru declined to transfer the suit to Nakuru whereas another suit with similar proceedings that had been filed in Nairobi, was transferred to Nakuru since there is a court with similar jurisdictions.

"Another case was filed in Nairobi by the same claimant but was immediately transferred to Nakuru by a different Judge. Why wasn't the present case transferred to Nakuru?" asked Lawyer Ogola.

Respondents claimed they are perturbed that the instant case was filed at the 11th hour and Justice Mbaru ordered service through the email/telefax in the first instance.

Mr Asanyo advocates have allegedly informed the respondents before that the defendants would not get justice in the matter unless the matter is transferred to Nakuru.

"Such sentiments expressed over phone came to ring true on February 12 when the court reversed her earlier orders and preliminary issues agreed upon by the parties on of December 14 in an unprecedented judicial practice," Ogola contented.