The wheels are coming off what critics describe as one of the most turbulent tenures in the history of Kenya’s Judicial Service Commission, with embattled Commissioner Evelyne Olwande now fighting tooth and nail to retain her seat amid explosive allegations linking her to President William Ruto’s alleged interference in judicial appointments.
As the race to determine who will represent magistrates at the powerful commission reaches fever pitch, cracks have emerged within the Kenya Magistrates and Judges Association, with claims of intimidation, censorship, and a systematic campaign to silence dissent threatening to tear the body apart.
At the center of the storm is Olwande herself, a Senior Principal Magistrate whose five-year reign as Magistrates’ Representative has been marred by controversy from the very beginning.
Now, as she seeks re-election against Chief Magistrate Stella Atambo of Thika Law Courts, skeletons are tumbling out of closets faster than her allies can bury them.
The latest flashpoint came last week when Nyeri Senior Resident Magistrate Mercyline Nafula Lubia was summarily expelled from the KMJA WhatsApp group, a move she claims was designed to muzzle her support for Atambo and silence criticism of Olwande’s record.
In a blistering statement, Nafula accused the association of abandoning all pretense of neutrality.
“Yesterday, I was unceremoniously removed from a space where I’ve consistently contributed with integrity and respect,” Nafula declared, her words dripping with barely concealed fury.
“The removal was not just abrupt; it was a demonstration of intolerance toward constitutional dialogue and principled dissent. It was also a calculated attempt to weaken Hon. Stella Atambo’s campaign.”
But Nafula’s expulsion may be just the tip of an iceberg that goes much deeper and much darker. According to documents obtained by Kenya Insights, Olwande’s journey to the JSC was itself tainted by scandal and accusations of preferential treatment that should have disqualified her from holding public office altogether.
In April 2020, at the height of the Covid-19 pandemic when ordinary Kenyans were being arrested and prosecuted for violating curfew rules, Olwande was booked at Embakasi Police Station for breaching the very regulations she was supposed to uphold as a judicial officer.
She was released on cash bail and scheduled to appear in court on April 14, 2020. But here’s where the story takes a sinister turn.
Olwande never appeared in court.
The case vanished into thin air. And the reason?
According to insiders, it was none other than Emily Ominde Onyando, the then-incumbent JSC commissioner whom Olwande was positioning herself to replace, who allegedly intervened to make the prosecution disappear.
The case died at the Director of Public Prosecutions’ office, and Olwande walked free, her record miraculously unblemished just in time for her to contest the JSC seat in December 2020.
“Justice denied it was,” one source familiar with the matter told Kenya Insights. “She was the favorite successor to incumbent Emily Ominde Onyando, and Emily would use all resources at her disposal, bend the law to save her, set double standards for her to make sure she succeeded her at the JSC.”
The allegations paint a picture of a judicial system riddled with favoritism, where those with the right connections can escape accountability while ordinary Kenyans face the full force of the law.
Critics at the time warned that Olwande’s baggage made her unsuitable for a position charged with upholding judicial integrity.
They were ignored.
Fast forward to 2025, and Olwande’s tenure has been nothing short of explosive.
Multiple sources within government and the JSC, speaking on condition of anonymity due to fear of reprisals, have identified Olwande as President Ruto’s point person within the commission, allegedly spearheading efforts to bring down Chief Justice Martha Koome and reshape the judiciary in the administration’s image.
According to these sources, Olwande led a faction within the JSC that planned to recommend forming a tribunal to investigate the Chief Justice, Deputy Chief Justice, and other Supreme Court judges based on complaints filed by lawyer Nelson Havi.
The plot, allegedly backed by State House, was only thwarted when Justice Koome obtained a court order blocking the process.
“She has directed all her attention to challenging the Chief Justice to the extent that she has forgotten her primary duty to defend her constituents,” a magistrate from Lodwar told investigators, requesting anonymity for fear of professional repercussions.
The allegations suggest a breathtaking betrayal of the very magistrates Olwande was elected to represent.
While she has been busy doing the president’s bidding, critics say, the welfare and interests of ordinary magistrates have been abandoned. Attempts to reach Commissioner Olwande for comment have been unsuccessful, with calls and messages going unanswered for weeks.
Part of the alleged strategy reportedly includes proposals to subject all judges and magistrates to fresh vetting, a move legal experts warn could be used to purge independent-minded judicial officers and install pliant replacements.
If true, it would represent the most serious threat to judicial independence since the promulgation of the 2010 Constitution.
Now, as Olwande fights to retain her seat against Atambo, the battle has turned vicious. Nafula’s removal from the KMJA WhatsApp group is just the latest salvo in what insiders describe as a dirty war.
According to Nafula, the group has become a cesspool of abuse directed at those who dare question the status quo.
“From ignoring constitutional violations to failing to moderate insults on its wall, where we’ve been called pigs, hoodlums, colonized, lazy, and other unpalatable words I will not repeat here, there have been no consequences for the offenders,” Nafula charged.
KMJA Treasurer Zachary Kiongo Kagenyo, who serves at Milimani Small Claims Court, dismissed Nafula’s claims, insisting her removal was purely disciplinary and unrelated to the JSC campaigns.
“The Member made comments that are disrespectful to judges. The decision had nothing to do with the ongoing campaigns,” Kagenyo said, accusing Nafula of “malice, misleading, and self-preservation.”
But Nafula isn’t backing down. She maintains her comments were not personal attacks but principled objections to what she describes as judicial interference in an election meant to be decided solely by magistrates.
“My challenge to the judge was not personal but a principled call for judges to stop allegedly interfering with the election of the Magistrates’ JSC Representative,” she stated.
The stakes couldn’t be higher.
The JSC wields enormous power in Kenya’s judicial system, responsible for appointing judges, handling disciplinary matters, and safeguarding judicial independence.
The Magistrates’ Representative plays a crucial role in overseeing the welfare, discipline, and professional development of magistrates and other judicial officers.
Under Article 171(2)(d) of the Constitution, only magistrates are allowed to vote in this election. Yet Nafula and others allege that judges have been meddling behind the scenes, raising fundamental questions about whether the process can be free and fair.
As the election date approaches, the question on everyone’s mind is whether magistrates will choose continuity with Olwande, despite the mounting evidence of scandal and alleged executive capture, or whether they will take a chance on change with Atambo.
What is beyond dispute is that the race has exposed deep fissures within the judiciary and raised troubling questions about the independence of institutions that are supposed to serve as a check on executive power.
If even a fraction of the allegations against Olwande are true, her continued presence on the JSC would represent a clear and present danger to the rule of law in Kenya.
The judiciary is supposed to be the last line of defense for ordinary citizens against the abuse of power. But when those charged with defending justice are themselves compromised, where do the people turn?
As magistrates prepare to cast their ballots, they must ask themselves whether they want to be represented by someone accused of serving the president’s interests rather than their own, someone whose very appointment may have been secured through the very corruption she is supposed to fight.
This is not just an election.
It is a referendum on the soul of Kenya’s judiciary. The world is watching.
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