Lawyers boycott Machakos High Court over 'corrupt' judge transfer

Justice Josephine Wayua Wambua Mongare. [JSC Kenya, X]

Operations at the Machakos High Court face disruption after lawyers announced a boycott of court sessions to protest the transfer of Justice Josephine Wayua Wambua Mongare to the station,  despite an active corruption case hanging over her.

Through the Law Society of Kenya (LSK) South Eastern branch, the lawyers argue that Justice Mongare remains unfit to serve on the bench owing to questions about her integrity, at least until she is cleared of the allegations against her.

The boycott took effect Monday.

"We hereby give formal notice that at an AGM held on April 10, 2026, the advocates of this region unanimously resolved to boycott all proceedings presided over by Honourable Justice Josephine Wayua Wambua Mongare, effective immediately, until such a time as the allegations in question are conclusively and transparently addressed," Chairperson Priscilla Kioko said in a statement.

Last month, the Ethics and Anti-Corruption Commission (EACC) disclosed that it was investigating the judge for alleged abuse of office and corruption at the Commercial and Tax Division of the Milimani High Court.

The lawyers say the allegations erode public confidence in rulings she presides over and cast doubt on the legitimacy of her decisions.

"While we are cognisant of the presumption of innocence, the standard applicable to judicial officers by virtue of the office they hold demands impeachable integrity and the sustained confidence of the public and the bar alike," the statement read. 

"In the present circumstances, that threshold has not been met."

Justice Mongare has since obtained a conservatory order barring the EACC, the Inspector General of Police and the Attorney General from taking any further action against her.

The Judicial Service Commission (JSC) drew criticism for transferring the judge rather than pushing for a speedy resolution of the investigations before making such a move.

Meanwhile, the advocates said they would reconsider their stance if the JSC reinstated Justice Rhoda Rutto to the Machakos High Court, arguing she was transferred prematurely and in breach of guidelines that require a minimum three-year posting before a judge can be moved. 

That period, they say, had not lapsed when she was reassigned.