Sheria Mtaani Lobby Group Asks CJ Koome to Review Order on Part-Heard Criminal Cases.
Sheria Mtaani na Shadrack Wambui has requested Chief Justice Martha Koome to review a directive requiring magistrates transferred from Milimani Law Courts to immediately hand over all criminal cases they were handling.
In a letter dated January 22, 2026, Sheria Mtaani na Shadrack Wambui said the directive could delay justice and affect the right to a fair trial for accused persons.
The group said four magistrates in the Milimani Criminal Division—Ondieki, Dolphina Alego, Erick Wambo and Ben Mark Ekhubi—were recently transferred to other divisions or stations.
Following the transfers, the magistrates were directed to stop handling all their criminal cases and hand them over to other courts, regardless of how far the cases had progressed, including those awaiting judgment.
Sheria Mtaani noted that although the law allows a new magistrate to take over a case, criminal trials are sensitive and such changes often lead to delays. Accused persons may ask for witnesses to be recalled or for cases to start afresh, which can prolong trials.
The organization warned that this could especially affect accused persons who have been in court for long periods and were close to the end of their cases.
The group also raised concern that the remaining magistrates at Milimani Criminal Division may be overwhelmed by the additional workload, leading to further delays for all court users.
Sheria Mtaani urged the Chief Justice to consider allowing transferred magistrates to complete cases they had already substantially heard, or those where judgments were pending, before fully leaving the division.
The organization said the concerns raised are shared by many advocates who regularly practice at Milimani Law Courts and attached a memorandum signed by lawyers supporting the request.
Copies of the letter were sent to the Presiding Judge of Milimani Law Courts, the Presiding Judge of the Criminal Division and the Chief Magistrate at Milimani Law Courts.
