A man from Kericho County now wants Judicial Service Commission(JSC) to investigate Justice Mary Clausina .Oundo for summoning his 100 years old mother to court for sentencing in a land dispute case with his step brother.

Gilbert Koech in a complaint filed to JSC claims the judge ordered his mom Penina Nyambura Too who is aged 100 years, confined on a wheelchair and sickly to appear in court with her two sons to be sentenced for allegedly defying court orders in the succession case.

According to the letter to JSC by his lawyer Danstan Omari, Nyambura was evicted from the disputed land and several applications thereafter emerged which led to the impugned ruling that’s set to send them to jail.

Her lawyers Danstan Omari claim that a notice to show cause was issued against Gilbert but he gave out an elaborate explanation to court that he was not in possession of the land as he had been evicted.

However the court allegedly proceeded to hold that he was in contempt of court orders and issued directions that together with his aged mother appear in court for sentencing.

“The judge pronounced that Gilbert and his family, including the aged woman, Livingstone Koech an administrator and Charles Koech should appear for mitigation and sentencing on February 7,” reads the letter.

The family want JSC to urgently call the file for review to mitigate the imminent apprehension of the arrest and initiate a thorough investigation into the conduct of Justice Oundo in this matter.

According to Omari, Gilbert’s family were never given an opportunity to be heard and the judge’s order violated the most basic tenets of natural justice and right to a fair trial.

“The judge displayed lack of impartiality making comments that questioned the authenticity of the orders which had been made by her sister justice Asenath Ongeri in another case” Omari said in the letter.

Omari further claims that the judge gave evidence even where none had been adduced by the applicant notably referencing a finding in the high court

According to Gilbert  the judges conduct allowed the court to be exploited as a means to settle personal scores between Koech and Wilson Koech the applicant.