An 80 year old woman has written to the Judiciary and Law Society of Kenya seeking for justice in a court case that she alleges was ruled unfairly by the Chuka magistrates Court.
In documents possessed by Mt Kenya Journal, the woman, Margaret Muchiri says judicial officers were corrupted in the case LDT 1 of 2011.
“In 2010 my late husband complained that Eliphas Nyaga M’ribu owner of land parcel number Muthambi /Gatua /435 had destroyed the boundaries of the adjacent road and encroached into his land parcel number Muthambi/Gatua/911.” She says in a complaint to the Judiciary.
Margaret further says the case was heard and ruled confirming that the land belonged to her family in the presence of land registrar and district surveyor.
However in 11 December 2018 a Magistrate J.M Njoroge of Chuka law courts substituted Margaret with her late husband without her consent.
The judge went ahead to issue summons for hearing which she was not served with.
“The letter of summons were received by small boy in my homestead on Saturday 15th December 2018.”
Margaret further alleges that on appearing in court in the company of her daughter, she was not given a chance to speak and instead of a hearing, the magistrate made a ruling in favour of an application filed by Eliphas.
On seeking appeal, she was dismissed by the court on the basis of not pleading to the court when she appeared, not requesting time to hire a lawyer and on claims that she did not say whether the case was already settled.
However magistrate Njoroge signed the appeal documents in June 2019 allowing for an appeal which she filed at the lands court on Chuka.
“To my surprise, i only heard that the case was read in the presence of the other party and it was dismissed summarily. This rose a lot of suspicion of either collusion or conspiracy in this straight forward issue to deny me justice.”
NOTE: All documents have been verified by the Judiciary and Lawyer of the complainant as legit