Eldoret Magistrate Dragged To JSC Over Land Dispute

Eldoret-based herbalist Shadrack Moimet has escalated a contentious land dispute to the Judicial Service Commission (JSC) by alleging judicial misconduct by a magistrate in a case over a Sh26 million property in the upscale Elgon View estate.

Moimet has lodged a formal complaint against Magistrate Charles Kutwa, claiming that Kutwa failed to declare a conflict of interest in a legal battle over the ownership of a piece of land identified as LR N Pioneer/Ngeria Block 1/8844. In a letter dated July 13, 2021, Moimet accused Kutwa of abusing his judicial position, expressing concerns that the magistrate might leverage his influence to unlawfully acquire the disputed land.

“I do pray that the magistrate be reprimanded for his action for abuse of power and failing to meet the required standard of integrity in accordance with his standing in society in relation to chapter six constitution of Kenya,” Moimet stated in his correspondence with the JSC.

The legal tussle began when Kutwa, who was serving as a principal magistrate in Iten at the time of the lawsuit, accused Moimet of not handing over transfer documents for the property which he claimed to have purchased from the herbalist. Moimet countered these accusations by alleging that Kutwa defaulted on the transaction and failed to provide evidence of financial transactions in court.

On November 22, 2024, Eldoret Principal Magistrate Mogire Onkoba issued a court order compelling Moimet to obtain and surrender the necessary documents, including consent and title deed, to Kutwa. The order further stipulated that if Moimet failed to comply, Kutwa would be authorized to execute the transfer of the land to himself.

Moimet, however, insists he had originally bought the land from a now-deceased individual in July 2011, and later in 2016, he agreed to sell it to Kutwa for Sh4.5 million. He claims that only Sh1 million was paid as part of the deal, with Kutwa taking possession of the property without settling the outstanding balance.

Kutwa, on the other hand, maintains that he fulfilled the financial obligations of the agreement and accuses Moimet of withholding the essential transfer documents, necessitating the legal action to enforce compliance.

Moimet’s appeal to the JSC comes after he challenged the lower court’s ruling, arguing that the judiciary favored Kutwa due to his status. He now awaits a hearing date from the Court of Appeal in Eldoret, where the matter is expected to be reviewed this month through a notice of motion.

This case has become a focal point for discussions on judicial integrity and the handling of land disputes in Kenya, highlighting the need for transparent and unbiased judicial proceedings. The outcome of this appeal could set a precedent for how conflicts of interest are managed within the judiciary, particularly in personal legal disputes involving judicial officers.

As the legal community and public watch closely, the JSC’s response to Moimet’s allegations against Magistrate Kutwa could have significant implications for judicial accountability in Kenya.