By Reporter
The Law Society of Kenya (LSK) South Eastern branch has written a protest letter to the Judicial Service Commission (JSC) over the transfer of embattled Judge Lady Justice Josephine Wayua Wambua Mongare to Machakos High Court.
The branch also gave formal notice of a boycott of all proceedings presided over by Justice Mongare by advocates from the region until the allegations in question are conclusively and transparently addressed.
Instead, the branch chairperson, Priscilla Kioko, wants Lady Justice Rhoda Rutto to remain in place to continue discharging her judicial duties until the normal judicial transfer window is open.
“We remain steadfast in our duty to uphold the rule of law and administration of justice and will pursue all lawful avenues to ensure that the dignity and credibility of our courts are observed,” she wrote.
She said it was their considered view that any judicial officer facing corruption allegations and investigations by the Ethics and Anti-Corruption Commission should not be transferred from their work station to a new station.
“Rather, the JSC should take the necessary steps to ensure that investigations are completed and the judicial officer is cleared of any wrongdoing before continuing with their duties or being transferred to another court station,” she wrote.
According to the Deputy Registrar of Machakos High Court, D. Endo, Lady Justice Mongare has proceeded on leave.
Endo wrote in a communique: “Take notice that Lady Justice Josephine Wayua Wambua Mongare – Judge Presiding High Court 3 – is on leave until 30th April 2026. All matters scheduled before High Court 3 between 13/4/2026 and 30/04/2026 shall be mentioned before the Deputy Registrar for issuance of new dates. Any inconvenience is highly regretted.”
The lawyers, who spoke after the annual general meeting over the weekend, said they have unanimously rejected the transfer, citing integrity concerns.
They said the office of a judge demands unquestionable character and warned that any doubts about integrity would erode public confidence in the justice system.
“Justice Mongare became the subject of media coverage. The Ethics and Anti-Corruption Commission was investigating alleged corruption involving the judge. Indeed, there is a pending petition being Milimani Petition Number 189 of 2026, in which the judge seeks to stall investigations by the EACC. While all these were happening, the judge was transferred to Machakos High Court,” the statement read in part.
The branch said they were of the common position, as members of the LSK South Eastern branch, that the said judge should be on leave pending investigations.
“She cannot serve in our branch. Once she clears her name and confidence is restored, she can continue serving members of the public.”
In the statement, they asked JSC to take their concerns seriously and withhold the posting of the judge to Machakos High Court.
“Our members are directed to boycott should the JSC fail to act accordingly,” read the statement.
Recently, Milimani High Court granted Judge Justice Mongare a conservatory order against the Ethics and Anti-Corruption Commission (EACC).
Judge Justice Bahati Mwamuye issued a conservatory order pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion Application dated 18/03/2026.
He said: “The conservatory order be and is hereby issued restraining the EACC, jointly and severally, and whether directly or through their officers, employees, agents, related entities, multi-agency partners, or any person or bodies acting in concert with them or under their authority, from investigating, summoning, questioning, arresting, detaining, requiring statement recording, and/or acquiring, searching, receiving, or seizing any property, device, documents, records, premises, information, or material related to any adverse or potentially adverse matter concerning Judge Mongare arising from the ostensible discharge of her duties and/or conduct, actions, omissions, or decisions howsoever otherwise.”
The judge directed that the Petitioner, Justice Mongare, shall serve the EACC with the application, the Petition, and the Court Order in both hard copy and soft copy immediately and file an Affidavit of Service in that regard by close of business on 23/03/2026.
He directed that the EACC shall enter appearance and file and serve their respective responses to both the application and the petition, and they shall do so by close of business on 10/04/2026.
The Petitioner shall have leave to file and serve a rejoinder, if need be, and shall do so by close of business on 24/04/2026.
“Mention on 06/05/2026 in physical/open court to confirm compliance and take further directions. The public and/or persons unrelated to the matter shall be excluded from attending the said mention and all other future appearances, unless the Court directs otherwise,” said Judge Mwamuye.
Recently, former High Court Judge Joseph Mutava and three other suspects were arrested and released on Sh200,000 cash bail each pending investigation into bribery claims.
The officials said they will forward the outcome of the investigation to the Office of the Director of Public Prosecutions (ODPP) for review and possible charges.
EACC arrested the former judge and advocate Kimani Wachira over an alleged bribery scheme linked to a commercial dispute currently before the High Court of Kenya.
Officials at the anti-graft agency confirmed that Mutava, Wachira and two other suspects were arrested following investigations into claims that they demanded a bribe of USD 80,000 (approximately Sh10.4 million).
According to the EACC, the money was allegedly solicited to influence the outcome of a commercial case involving a former Cabinet minister, Raphael Tuju, which is currently pending before the High Court.
