Former Acting Chief Magistrate sues JSC for unlawful dismissal

A former Acting Chief Magistrate has sued the Judicial Service Commission for unlawful dismissal.

Daniel Mudanyi Ochenja who was fired in 2014 under former Chief Justice Dr. Willy Mutunga for alleged gross misconduct claims he was never given an opportunity to defend himself.

Through his lawyer Jason Okemwa, Daniel Mudanyi who had worked 26 years for the judiciary told Employment and Labour Relations court judge Byron Ongayo that he was condemned without being heard.

The Former Magistrate is said to have ordered that money placed as cash bail by an accused person be converted into a fine after the accused changed plea of being guilty in October 2014 while he was the presiding magistrate at Milimani law courts.

He argued that his right to natural justice and fundamental freedom as enshrined in the constitution had been violated and his removal was unfair and illegal.

In his ruling, Judge Angayo directed that the application be served upon the Judicial Service Commission within seven days and the matter be listed for inter-parties hearing on 20 February 2019.