Lawyers Petition C.J Koome Over Transfer of Part-Heard Criminal Cases at Milimani Magistrate’s Court.

Cibber Njoroge
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Lawyer Harrison Kinyanjui has  written to the Chief Justice seeking urgent intervention over alleged improper handling and transfer of part-heard land case.

In a formal letter dated January 22, 2026, Kinyanjui lawyers raised concern over a directive affecting land matter that were already at advanced stages of hearing, arguing that the move risks undermining fair trial rights and causing unnecessary delays in the administration of justice.

According to the letter,several criminal cases that had substantially progressed, with witnesses already heard and records partially concluded, were abruptly affected by administrative transfers without clear directions on how the proceedings should continue.

The advocates argue that the manner in which the cases were handled failed to comply with the Criminal Procedure Code, particularly provisions requiring accused persons to be informed of their right to elect whether a matter should proceed from where it had reached or start afresh when a new judicial officer takes over.

They further contend that the lack of clarity has resulted in confusion, stalled hearings and prejudice to accused persons who have been attending court consistently and, in some cases, remain under restrictive bond terms.

In their letter to the Chief Justice, the advocates warn that restarting trials or subjecting parties to repeated procedural steps could compromise the integrity of the judicial process, increase backlog, and erode public confidence in the courts.

The petition urges the Chief Justice to issue clear guidance on the handling of part-heard criminal matters, ensure compliance with statutory safeguards and protect litigants from administrative decisions that may adversely affect their constitutional right to a fair and expeditious trial.

The advocates have also asked that appropriate directions be issued to subordinate courts to prevent similar disruptions in future and to ensure consistency in case management across stations.

The Chief Justice is yet to issue a response to the petition.

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